Example ContractsClausesExpansion Premises Commencement Date
Expansion Premises Commencement Date
Expansion Premises Commencement Date contract clause examples

Expansion Premises Commencement Date. Notwithstanding anything contained in the Existing Lease to the contrary, the defined terms “Expansion Premises A Commencement Date”, “Expansion Premises B Commencement Date” and “Expansion Premises Commencement Date” under the Existing Lease, all shall be amended to mean October 23, 2020.

Expansion Premises Commencement Date. Effective as of the date hereof, all references in the Sublease to the Expansion Premises Commencement Date shall be deemed to be references to May 15, 2020.

Expansion Premises Commencement Date. The “Expansion Premises Commencement Date” shall be the same date as the Lease Commencement Date pursuant to the Original Lease. Landlord estimates that the Lease Commencement Date (and, for that matter, the Expansion Premises Commencement Date) will be on or about November 29, 2021.

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..

“Base Term: Commencing # with respect to Original Premises on the Commencement Date, # with respect to the Expansion Premises on the Expansion Premises Commencement Date, # with respect to the Second Expansion Premises on the Second Expansion Premises Commencement Date, and # with respect to the Third Expansion Premises on the Third Expansion Premises Commencement Date, and ending with respect to the entire Premises on April 30, 2025 (the “Extended Expiration Date”).”

The ROFO Premises Commencement Date” shall be the date that is the later of: # the date that is three (3) days after Tenant’s receipt of notice from Landlord of the expected ROFO Premises Commencement Date and # the date on which Landlord delivers possession of the ROFO Premises to Tenant with all base building systems and structural components serving the ROFO Premises (in each case, which Landlord is required to repair and maintain pursuant to and in accordance with the provisions of the Lease) in good working order and condition, but otherwise in “as-is” condition, broom clean (with all furniture, fixtures, equipment and other personal property removed therefrom), vacant, and free and clear of any occupants; it being agreed that the delivery of the ROFO Premises in such condition shall not detract from or limit Landlord’s repair and maintenance obligations with respect to the Premises (including the ROFO Premises) under the Lease. Prior to the ROFO Premises Commencement Date, Landlord shall provide Tenant with a copy of the surrender plan (or substantial equivalent) of the current occupant of the ROFO Premises and reasonable evidence that the work required thereby has been (or will be) completed prior to the ROFO Premises Commencement Date. It is estimated that the ROFO Premises Commencement Date shall occur on or about October 1, 2021; but in no event shall the ROFO Premises Commencement Date occur prior to August 1, 2021. Landlord shall use diligent efforts to deliver the ROFO Premises to Tenant on or about October 1, 2021, however, the failure of Landlord to deliver the ROFO Premises to Tenant on or before October 1, 2021 shall in no way affect the validity of the Lease, this First Amendment, or the obligations of Tenant thereunder (except that the ROFO Premises Commencement Date shall not occur until the date Landlord delivers the ROFO Premises to Tenant in accordance with this paragraph), and Tenant shall not have any claim against Landlord and Landlord shall have no liability to Tenant by reason thereof. Notwithstanding the foregoing, if the ROFO Premises Commencement Date has not occurred on or before the ROFO Rent Credit Date (as hereinafter defined), then, as Tenant’s sole and exclusive remedy on account thereof, Tenant shall be entitled to a rent credit against Tenant’s obligation to pay Base Rent in respect of the ROFO Premises only equal to one (1) day for each day between the ROFO Rent Credit Date and the ROFO Premises Commencement Date. The “ROFO Rent Credit Date” shall mean December 31, 2021, as such date shall be extended due to any delay caused by an act or omission by Tenant and/or Tenant’s agents, employees or contractors, Landlord’s Force Majeure or any other delay that is beyond Landlord’s reasonable control (it being agreed that, if the existing tenant of the ROFO Premises has not timely vacated the ROFO Premises by the current expiration date of such tenant’s lease, then so long as Landlord is using commercially reasonable efforts to deliver the ROFO Premises to Tenant vacant and free and clear of any occupants, such delay shall be considered to be “beyond Landlord’s reasonable control” for purposes hereof).

“Base Term: Beginning # with respect to the Original Premises, on the Commencement Date, # with respect to the Expansion Premises, on the Expansion Premises Commencement Date, # with respect to the Second Expansion Premises, on the Second Expansion Premises Commencement Date, # with respect to the Third Expansion Premises, on the Third Expansion Premises Commencement Date, # with respect to the Fourth Expansion Premises, on the Fourth Expansion Premises Commencement Date, # with respect to the Initial Fifth Expansion Premises, on the Initial Fifth Expansion Premises Commencement Date, # with respect to the Subsequent Fifth Expansion Premises, on the Subsequent Fifth Expansion Premises Commencement Date, # with respect to the Sixth Expansion Premises on the Sixth Expansion Premises Commencement Date, and # with respect to the Seventh Expansion Premises on the Seventh Expansion Premises Commencement Date, and ending with respect to the entire Premises on August 31, 2024 (“Expiration Date”).”

The Term of the Lease with respect to Expansion Premises A shall commence on Expansion Premises A Commencement Date, Rent shall commence with respect to Expansion Premises A on the date that is two (2) months following the Expansion Premises A Commencement Date (the “Expansion Premises A Rent Commencement Date”), and the Term shall expire on the Extension Term Expiration Date, unless sooner terminated in accordance with the terms of the Lease. Effective as of the Expansion Premises A Commencement Date, the “Premises” under the Lease shall be comprised of the Existing Premises and Expansion Premises A, having a total of approximately 9,472 rentable square feet. Promptly upon the occurrence of the Expansion Premises A Commencement Date, Landlord and Tenant shall execute and deliver a commencement date agreement designating the Expansion Premises A Commencement Date and the Expansion Premises A Rent Commencement Date, but the failure by either party to execute and deliver such an agreement shall have no effect on the Expansion Premises A Commencement Date or Expansion Premises A Rent Commencement Date determined as above.

The "Expansion Space Commencement Date" shall be the earlier of: # the date on which Landlord delivers the Expansion Space to Tenant with Landlord’s Expansion Space Work (as defined in Exhibit B) substantially complete (as determined pursuant to Exhibit B), or # the date on which Tenant commences business operations in the Expansion Space. Landlord and Tenant stipulate and agree that # the Expansion Space currently is leased to and occupied by another tenant of the Building (the “Existing Tenant”), and # Landlord currently anticipates entering into a lease amendment with Existing Tenant to provide for the vacation and surrender of the Expansion Space by Existing Tenant. Landlord shall endeavor to provide written notice to Tenant that Existing Tenant has vacated the Expansion Space promptly following the date Existing Tenant vacates such space, which notice may be electronic; provided that the failure of Landlord to provide such notice shall not impose any liability or give rise to any remedies by Tenant. Accordingly, notwithstanding anything in this Amendment to the contrary, this Amendment shall not become effective and binding on either party unless and until Landlord and Existing Tenant enter into an amendment (upon terms satisfactory to Landlord in its sole and absolute discretion) to Existing Tenant’s lease to provide for the relocation by Existing Tenant from the Expansion Space to other premises located in the Building (the “Existing Tenant Relocation Amendment”). If Landlord and Existing Tenant do not execute said Existing Tenant Relocation Amendment on or before July 1, 2021 (the “Outside Amendment Execution Date”), then, provided such delay is not caused by Tenant or any agent of Tenant, Tenant shall have the WDC 91102651v11

The Term of the Lease with respect to Expansion Premises B shall commence on the Expansion Premises B Commencement Date, Rent shall commence with respect to Expansion Premises B on the date that is two (2) months following the Expansion Premises B Commencement Date (the “Expansion Premises B Rent Commencement Date”), and the Term shall expire on the Extension Term Expiration Date, unless sooner terminated in accordance with the terms of the Lease. Effective as of the Expansion Premises B Commencement Date, the “Premises” under the Lease shall be comprised of the Existing Premises, Expansion Premises A, and Expansion Premises B, having a total of approximately 11,223 rentable square feet. Promptly upon the occurrence of the Expansion Premises B Commencement Date, Landlord and Tenant shall execute and deliver a commencement date agreement designating the Expansion Premises B Commencement Date and the Expansion Premises B Rent Commencement Date, but the failure by either party to execute and deliver such an agreement shall have no effect on the Expansion Premises B Commencement Date or the Expansion Premises B Rent Commencement Date determined as above.

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