Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the " XE "Lease Term" Lease Term") shall be as set forth in [Section 3.1] of the Summary, shall commence on the date set forth in [Section 3.2] of the Summary (the " XE "Lease Commencement Date" Lease Commencement Date"), and shall terminate on the date set forth in [Section 3.3] of the Summary (the " XE "Lease Expiration Date" Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term " XE "Lease Year" Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in [Exhibit C], attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute (or provide factual corrections thereto) and return to Landlord within ten (10) days of receipt thereof.
Net Lease. This shall be a triple net Lease and Base Rent shall be paid to Landlord absolutely net of all costs and expenses, except as specifically provided to the contrary in this Lease. The provisions for payment of Operating Expenses and the Operating Expense Adjustment are intended to pass on to Tenant and reimburse Landlord for all costs and expenses of the nature described in Paragraph 7.1 incurred in connection with the ownership, management, maintenance, repair, preservation, replacement and operation of the Project and its supporting facilities and such additional facilities now and in subsequent years as may be determined by Landlord to be necessary or desirable to the Project.
Lease Provisions. The term Premises shall include the Roof Top Area for all purposes of this Lease (other than the payment of Base Rent and the calculation of percentages and figures based upon the rentable area of the Premises, including Tenants Proportionate Share). Without limiting the generality of the foregoing, Tenant shall cause the insurance required pursuant to Paragraph 8 to cover its use of the Roof Top Area, Tenants use, installation, repair and maintenance of the Roof Top Area shall be in compliance with Paragraph 4.3, and Tenant agrees that the indemnification contained in Paragraph 8 shall apply to the use, installation, repair and maintenance of the Roof Top Area. Tenant assumes all liability and risk related to its use of the Roof Top Area and damage to the Roof Top Area or personal property thereon from any cause whatsoever, including, but not limited to, theft, vandalism or damage by the elements.
Omniox Lease. As of the Expansion Premises Commencement Date, the 4th full paragraph of Section 2 of the Lease is hereby deleted in its entirety and replaced with the following:
New Lease. If timely exercises ’s Right to First Offer as set forth herein, then, and shall promptly thereafter execute a new lease on substantially the same terms and conditions of this Lease, the First Offer Notice and this Section 1.3, and the terms of the Declaration which are applicable to the First Offer Space (the
Lease Definitions. Effective as of, and for the period on and after, the Expansion Date, the following definitions in Paragraph 1 (Definitions) of the Lease are revised to read as follows (and any term used in the following definitions that is not defined in the Lease shall have the same meaning as set forth in this Amendment):
Lease Amendment. Following the later to occur of # the date on which Landlord and Tenant agree upon the Prevailing Market Rent or # the date on which the Prevailing Market Rent is otherwise determined by the Baseball Arbitrator, Landlord shall prepare and deliver to Tenant an amendment to this Lease and Landlord and Tenant shall reasonably cooperate to execute an amendment to this Lease setting forth the terms as to the applicable Extension Period within thirty (30) days following Landlords delivery of such amendment, provided, however, the failure of Landlord and Tenant to execute such amendment shall not otherwise impact Tenants lease of the Premises for the extension of the Term for the Extension Period including, but not limited to, the Rent and other amounts to be paid during the Extension Period, which shall be binding on Landlord and Tenant.
Communication of Offer. No Holder is purchasing the Securities as a result of any “general solicitation” or “general advertising,” as such terms are defined in Regulation D, which includes, but is not limited to, any advertisement, article, notice or other communication regarding the Securities published in any newspaper, magazine or similar media or on the internet or broadcast over television, radio or the internet or presented at any seminar or any other general solicitation or general advertisement.
that certain letter agreement Re: Reload Offer of Common Stock Purchase Warrants, dated as of July 29, 2021, by and between and ; and
If Tenant fails timely to give an Acceptance Notice with respect to a particular Offer Space or if Tenant otherwise elects not to exercise its right to lease such Offer Space, then # Landlord may enter into one or more leases of the Offer Space in question with any parties on such terms and conditions as Landlord shall determine, and Tenant shall have no further rights under this Article 10 with respect to such Offer Space, and # Tenant shall, upon demand by Landlord, execute an instrument reasonably satisfactory to Landlord and Tenant confirming Tenants waiver of, and extinguishing, Tenants rights under this Article 10 with respect to such Offer Space in question, but the failure by Tenant to execute any such instrument shall not affect the provisions of [clause (1) above]; provided, however, if Landlord shall not have entered into a lease or other occupancy agreement with respect to such Offer Space or any portion thereof on or before the date (the Re-Offer Date) that is six (6) months following the last date upon which Tenant shall have the right to give an Acceptance Notice under this Article 10 with respect thereto, then (provided that the conditions for Tenant to exercise an Offer Space Option are again satisfied) Landlord shall be required to give to Tenant another Offer Notice with respect to such Offer Space on one (1) occasion only and Tenant shall again have the right to give an Acceptance Notice with respect to the particular Offer Space in accordance with the terms of this Article 10 (it being agreed, however, that if Landlord is engaged in active ongoing negotiations with respect to such Offer Space with any third-party as of the Re-Offer Date, then the Re-Offer Date shall be extended (and Landlord shall not be required to give an Offer Notice) until such time as such negotiations with respect to such Offer Space are terminated (or, if Landlord enters into a lease or occupancy agreement with respect to such Offer Space then no re-offer shall be required). For purposes of clarification, the requirement to re-offer any Offer Space pursuant to the immediately preceding sentence shall be on one (1) occasion only with respect to any Offer Space (i.e., if Tenant shall not elect to give an Acceptance Notice with respect to such re-offer by Landlord, Landlord shall not be required to again re-offer such Offer Space even if Landlord does not enter into a lease or occupancy agreement with respect to such Offer Space within six (6) months following such re-offer).
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