The 5,003 Expansion Premises from the 5,003 Expansion Premises Commencement Date through the Expiration Date. Effective as of the 5,003 Expansion Premises Commencement Date, the Rent for the 5,003 Expansion Premises shall be payable as follows:
Base Term: Commencing # with respect to the Original Premises on the Commencement Date, and # with respect to the Expansion Premises on the Expansion Premises Commencement Date, and ending with respect to the entire Premises on June 30, 2019.
The Expansion Premises Commencement Date shall be the date Landlord Delivers the Expansion Premises to Tenant. Upon the request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Expansion Premises Commencement Date and the expiration date of the Lease in substantially the form of the Acknowledgement of Commencement Date attached to the Lease as Exhibit D; provided, however, Tenants failure to execute and deliver such acknowledgment shall not affect Landlords rights hereunder.
Landlord and Tenant desire to confirm the Expansion Premises Commencement Date and the date the Expansion Term of the Lease expires.
The Expansion Premises Commencement Date under the Lease is February 16, 2016.
Except as set forth in this First Amendment: # Tenant shall accept the Expansion Premises in their as-is condition as of the Expansion Premises Commencement Date, subject to all applicable Legal Requirements; # Landlord shall have no obligation for any defects in the Expansion Premises; and # Tenants taking possession of the Expansion Premises shall be conclusive evidence that Tenant accepts the Expansion Premises and that the Expansion Premises were in good condition at the time possession was taken.
Delivery; Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlords Work Substantially Completed (Delivery or Deliver). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: # the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), and any prepaid Base Rent shall be returned to Tenant within 30 days thereafter, and # neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms Landlords Work, Tenant Delays and Substantially Completed shall have the meanings set forth for such terms in the Work Letter. If Tenant does not elect to void this Lease within 10 business days of the lapse of such 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.
Delivery. Landlord shall deliver the Expansion Premises to Tenant in vacant, broom clean condition and otherwise in substantially the same condition in which the Expansion Premises are in as of the date of this First Amendment excluding any personal property of Omniox (except to the extent that Tenant or any Tenant Party is responsible for any changes in such condition of the Expansion Premises) (Delivery or Deliver) on or before the Target Expansion Premises Commencement Date. The Target Expansion Premises Commencement Date shall be November 1, 2015. If Landlord fails to timely Deliver the Expansion Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this First Amendment shall not be void or voidable except as provided herein. If Landlord does not Deliver the Expansion Premises within 90 days of the Target Expansion Premises Commencement Date for any reason other than Force Majeure delays, then the Lease with respect to the Expansion Premises only may be terminated by Tenant by written notice to Landlord, and if so terminated by Tenant: # the additional Security Deposit delivered pursuant to Section 7 of this First Amendment, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of the Lease), shall be returned to Tenant, and # neither Landlord nor
Definition of Premises and Rentable Area of Premises. Commencing on the Expansion Premises Commencement Date, the defined terms Premises and Rentable Area of Premises on Page 1 of the Lease shall be deleted in their entirety and replaced with the following:
Base Term. Commencing on the Expansion Premises Commencement Date, the defined term Base Term on page 1 of the Lease is deleted in its entirety and replaced with the following:
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