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:
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.
Right of First Refusal. Effective as of the Expansion Date (as defined below), the Premises are expanded to include the space described on Exhibit B attached hereto (the Expansion Premises), which Expansion Premises consist of approximately 6,282 rentable square feet.
Expansion; Grant of Expansion Space. Effective as of that date (the Expansion Date) which is the earlier of # the date on which the Expansion Space is Substantially Complete, as defined in Exhibit C attached hereto, and ready for occupancy or # the date Tenant occupies the Premises to conduct its business therein, Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord, for the entire Term, as may be further extended, and subject to and in accordance with the terms of the Lease, an additional 2,872 rentable square feet of space as shown on Exhibit A attached hereto and by this reference made a part hereof (the Expansion Space). If Landlord is delayed in delivering possession of the Expansion Space due to any reason, including but not limited to the holdover or unlawful possession of such space by any third party, such delay shall not be a default by Landlord, render the Lease or this Amendment void or voidable, or otherwise render Landlord liable for damages; provided, however, if Landlord is unable to deliver the Expansion Space to Tenant by October 31, 2015 for reasons not caused by, or attributable to, Tenant Delay (as defined in Exhibit C attached hereto) or by a Force Majeure Delay (as defined in the Lease), Tenant may terminate this Amendment by giving notice to Landlord. As of the Expansion Date: # the Expansion Space shall be subject to all of the terms and conditions of the Lease, as amended herein, for the entire Term, as may be further extended, # all references in the Lease to the Premises shall be deemed to include the Original Premises and the Expansion Space; # the total rentable square feet of space leased pursuant to the Lease shall be 10,297 rentable square feet on the 3rd floor of the Building; and # the Premises, as so expanded, shall be collectively known as Suite 300. After the occurrence of the Expansion Date, Tenant and Landlord shall execute a certificate in the form attached hereto as Exhibit B stipulating and agreeing to, the Expansion Date.
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.
Tenant shall pay all Base Rent and all other amounts payable under the Lease solely for the Expansion Premises and shall perform all other obligations of Tenant under the Lease with respect to the Expansion Premises until the later of # the Termination Date (as herein defined), and # upon completion of Tenant’s Expansion Premises Surrender Obligations (as defined herein). Base Rent for the Expansion Premises shall be payable in the amounts set forth in [Section 3(a)] of the Second Amendment.
Utilities. (A) From and after the 5,003 Expansion Premises Commencement Date, will furnish and pay for all utilities to the entire Demised Premises (including both the Original Premises and the 5,003 Expansion Premises) in accordance with Paragraph 44(a) of the Original Lease; provided, however, that water, sprinkler supervisory and sewer service for the entire Demised Premises (including both the Original Premises and the 5,003 Expansion Premises) shall be provided and paid for in accordance with Paragraph 44(b) of the Original Lease.
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
Premises. [[Organization A:Organization]] does hereby lease to [[Organization B:Organization]], and [[Organization B:Organization]] takes and hires from [[Organization A:Organization]], the premises and improvements constituting the Expansion Space, as depicted on Exhibit A attached hereto and made a part hereof, together with all easements, appurtenances, rights and privileges now or hereafter belonging or appurtenant thereto. Upon execution and delivery of this Third Addendum and [[Organization A:Organization]]'s delivery of the Expansion Space in two phases as set forth herein, the leased Premises (as that term is used in the Lease) shall contain 90,435 rentable square feet of Floor Area.
Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, subject to the following terms and conditions, the Premises located in the Project and described in the Basic Lease Information and shown on the attached Exhibit A. Landlord reserves the right to make such changes, additions and/or deletions to the Project and/or the common areas and parking or other facilities thereof as it shall determine from time to time. Tenant acknowledges that neither Landlord (nor any employee or agent of Landlord) has made any representation or warranty with respect to the suitability or use of the Premises or Project for Tenants intended Permitted Use or operations. Landlord shall have no liability to Tenant whatsoever in the event Tenant cannot conduct its Permitted Use and/or intended operations in the Premises and in addition to any other requirements set forth in the Lease, Tenant shall be solely responsible for any and all costs that relate or pertain to alterations necessary or appropriate to make the Premises comply with any codes, regulations, laws or ordinances for such Permitted Use or operations. In addition, Tenant shall provide Landlord with copies of any and all licenses or permits of any kind necessary for it to conduct the Permitted Use at the Premises no later than fifteen (15) days after receipt of the same and upon each subsequent renewal.
Premises. In accordance with [Section 2.2] of the Lease, Landlord has informed Tenant that the actual rentable square footage of the Premises is and shall be 112,298 rentable square feet. Accordingly, Base Rent as set forth in the Lease is hereby deleted and shall be replaced with the following:
Tenant shall surrender and yield up to Landlord all of its right, title and interest in the Expansion Premises and vacate, surrender and deliver exclusive possession of the Expansion Premises to Landlord on or before 11:59 P.M. (Eastern) on the Termination Date, in accordance with and in such condition as required under the Lease (the “Expansion Premises Surrender Obligations”).
(a) The Landlord covenants and agrees that it shall complete the Landlords work set out on Schedule B attached to this Agreement (Landlords Expansion Work), at Landlords sole cost and expense, by no later than December 31, 2013. Landlord warrants that as at the Expansion Fixturing Period Commencement Date, all Structural Elements of the Expansion Premises (including the roof) and the Building systems serving the Expansion Premises (including but not limited to the HVAC system) will be in good working order and repair and that the Expansion Premises complies with all applicable building codes.
Landlord and Tenant desire to confirm the Expansion Premises Commencement Date and the date the Expansion Term of the Lease expires.
Except as set forth in this First Amendment, Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Expansion Premises, and/or the suitability of the Expansion Premises for the conduct of Tenants business, and Tenant waives any implied warranty that the Expansion Premises are suitable for the Permitted Use.
The Base Rent payable under [Section 5.02] of the Lease for the Premises (the Existing Premises and the Expansion Premises) shall be as follows:
Base Rent. From and after the Expansion Date, Base Rent with respect to the Premises, including the Expansion Space, shall be as follows:
Expansion Space Term. On the Expansion Date, the Expansion Space shall be added as part of the Premises for all purposes, except as set forth herein, including the payment of Additional Rent. The Term of the Lease with respect to the Expansion Space shall commence on the Expansion Date and shall be coterminous with the Term of the Lease for the Original Premises and shall therefore expire on March 31, 2020, unless sooner terminated or extended pursuant to the terms of the Lease.
# or its agents and/or contractors shall have a right to enter the 5,003 Expansion Premises subsequent to the commencement of the 5,003 Expansion Work but prior to the 5,003 Expansion Premises Commencement Date in order for to install its telephone and computer lines or furniture in preparation for ’s occupancy thereof, all of the provisions of this lease, except ’s obligation to pay Rent, shall govern such entry (including without limitation, ’s insurance and indemnification obligations). Any such entry shall be subject to prior notice to Landlord and ’s satisfaction of the conditions of this paragraph and such entry shall only permitted with respect to the office portion of the 5,003 Expansion Premises. Prior to entering the 5,003 Expansion Premises shall deliver to Landlord # evidence of all insurance policies required to be maintained by under this lease, # evidence of insurance satisfactory to Landlord maintained by the contractors or vendors entering the 5,003 Expansion Premises and # and any contractors or vendors entering the 5,003 Expansion Premises on behalf of shall have entered into an early access and indemnity agreement on Landlord’s form attached hereto as [Exhibit B]. shall coordinate ’s (and/or ’s contractors and/or ’s employees) entry upon the 5,003 Expansion Premises and the performance of the above-referenced installations (and the timing thereof) with Landlord, and (and ’s contractors and employees) shall not interfere with Landlord’s performance of the 5,003 Expansion Work, if any, in entering upon the 5,003 Expansion Premises and/or in performing such installations. In the event that (and/or ’s contractors and/or ’s employees) interferes with Landlord’s performance of the 5,003 Expansion Work, such interference shall be deemed a Delay (in addition to those delineated herein).
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