Example ContractsClausesModification of Premises
Modification of Premises
Modification of Premises contract clause examples

Modification of Premises. Landlord and Tenant hereby agree to expand the existing 12780 Premises to include the entirety of the 12790 Building (the “12790 Premises”). Landlord and Tenant acknowledge and agree that the 12790 Premises has been measured in accordance with the standards set forth by the Building Owners and Managers Association – ANSI/BOMA [[Unknown Identifier]] (“BOMA”), the rentable area of such 12790 Premises shall be conclusively deemed to total 87,944 rentable square feet of space (the tranche-by-tranche breakdown for which is set forth in the below schedule). Landlord and Tenant acknowledge that, excepting only Tenant’s occupancy of Suite 150 pursuant to the 12790 Lease, the balance of the 12790 Building is currently occupied by third-party tenants. Within five (5) business days following the vacation of the corresponding portions of the 12790 Building by such third-party tenants (the estimated dates for which are set forth in the below schedule), Landlord shall deliver possession of such portion of the 12790 Premises to Tenant (each, a “Delivery Date”) and, upon the corresponding date (the “Tranche Lease Commencement Date”) which is one hundred fifty (150) days following the corresponding Delivery Date (subject to a day-for-day extension for force majeure events and Landlord Delays), Tenant shall lease from Landlord and Landlord shall lease to Tenant, such portion of the 12790 Premises. Upon each such Tranche Lease Commencement Date, the corresponding portion of the 12790 Premises shall be added to, and included in, the 12790 Premises.

Modification of Premises. Effective as of the Expansion Space Commencement Date (as defined in Section 4 below), the Existing Premises shall be expanded to include the Expansion Space, thereby increasing the size of the Existing Premises to 194,549 rentable square feet (i.e., 97,751 rentable square feet in the Existing Premises + 96,798 rentable square feet in the Expansion Space). The Expansion Space shall be leased on the same terms and conditions set forth in the Lease, subject to the modifications set forth in this First Amendment. Effective as of the Expansion Space Commencement Date, the term “Premises” shall mean the Existing Premises and the Expansion Space.

Modification of Premises. Effective as of January 1, 2020 (the “Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to 96,944 rentable square feet. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the “Premises”. Notwithstanding anything to the contrary set forth in this Section 2, Tenant hereby acknowledges that the Expansion Premises are currently occupied by AIG Claims, Inc. (“AIG”), and if Tenant and AIG do not enter into the “AIG Sublease,” as that term is defined in Section 3.3, below, and AIG holds over in the Expansion Premises past December 31, 2019, then Tenant's sole remedy shall be a day-for-day abatement of Base Rent for the Expansion Premises for the number of days from January 1, 2020 until the date that Landlord recovers the Expansion Premises from AIG (the “Abatement Remedy”). Such abatement shall commence immediately following the expiration of the Rent Abatement Period and such applicable abatement amount shall be credited against Base Rent for the Expansion Premises until exhausted in full. For avoidance of doubt, if Tenant and AIG enter into the AIG Sublease, but AIG fails to timely surrender the Expansion Premises to Tenant under the AIG Sublease, the same shall be Tenant’s sole responsibility and under no circumstance shall Tenant be entitled to the Abatement Remedy.

Modification of Premises. The "Delivery Date" is the date Landlord delivers the Fourth Expansion Premises to Tenant (and no action by Tenant shall be required for such date to occur), which Delivery Date is anticipated to be April 1, 2022. If for any reason, Landlord is delayed in tendering possession of the Fourth Expansion Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Fourth Amendment or the Lease shall not be impaired. Effective as of the date which is two (2) weeks following the Delivery Date (the "Fourth Expansion Commencement Date") Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fourth Expansion Premises. Consequently, effective upon the Fourth Expansion Commencement Date, the Existing Premises shall be increased to include the Fourth Expansion Premises. The addition of the Fourth Expansion Premises to the Existing Premises shall, effective as of the Fourth Expansion Commencement Date, increase the size of the Premises to approximately 42,145 rentable square feet. The Existing Premises and the Fourth Expansion Premises may hereinafter collectively be referred to as the "Premises".

Modification of Premises. Effective as of April 1, 2021 (the "Third Expansion Commencement Date") Tenant shall lease from Landlord and Landlord shall lease to Tenant the Third Expansion Premises. Tenant hereby acknowledges that Tenant is, and has been, in possession of the Third Expansion Premises pursuant to a sublease with the existing tenant of the Third Expansion Premises, and accordingly shall be in possession of the Third Expansion Premises

Modification of Premises. Effective as of November 7, 2021 (the "Second Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Second Expansion Premises. Landlord shall be deemed to have tendered possession of the Second Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Second Expansion Premises (the "Possession Date"), and no action by Tenant shall be required therefor. If for any reason, Landlord is delayed in tendering possession of the Second Expansion Premises to Tenant by any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but Tenant shall not be obligated to pay Rent until the Possession Date occurs. Consequently, effective upon the Second Expansion Commencement Date, the Existing Premises shall be increased to include the Second Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Second Expansion Premises to the Existing Premises shall, effective as of the Second Expansion Commencement Date, increase the size of the Premises to approximately 102,844 RSF. The Existing Premises and the Second Expansion Premises may hereinafter collectively be referred to as the "Premises." All references in the Lease, as amended, to the Building shall mean

Modification of Premises. Effective as of December 15, 2020 (the "Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. Tenant hereby acknowledges that Tenant will be in possession of the Expansion Premises prior to the Expansion Commencement Date through an assignment agreement of the existing lease agreement between the existing tenant, AtriCure, Inc., a Delaware corporation, and Landlord (the "Existing Lease"). The Existing Lease is scheduled to expire on December 14, 2020, and accordingly, Landlord shall have no affirmative obligation to deliver the Expansion Premises to Tenant, Tenant shall have no affirmative surrender or restoration obligations under the Existing Lease, including [Sections 5.3.3, 5.3.4, 8.2, and 23.1]1]1]1] and Articles 15 and 22, and Tenant’s continued possession of the Expansion Premises shall in no way be deemed a holdover under the Existing Lease. Notwithstanding the foregoing, Landlord agrees to return Tenant’s security deposit under the Existing Lease in the amount of $79,880 within thirty (30) days of the Expansion Commencement Date, regardless of the condition or state of the Expansion

Modification of Premises. Effective as of the date which is six (6) months following the later of # July 1, 2020 and # the date upon which Landlord delivers all of the Third Expansion Premises to Tenant in the condition required by this Third Amendment (the "Third Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Third Expansion Premises. Landlord anticipates delivering and shall use commercially reasonable efforts to deliver possession of the Third Expansion Premises to Tenant on or about July 1, 2020. Consequently, effective upon the Third Expansion Commencement Date, the Existing Premises shall be increased to include the Third Expansion Premises. Landlord and Tenant hereby acknowledge that notwithstanding any provision to the contrary contained in the Lease, such addition of the Third Expansion Premises to the Existing Premises shall, effective as of the Third Expansion Commencement Date, increase the size of the Premises to approximately 106,414 rentable square feet. The Existing Premises and the Third Expansion Premises may hereinafter collectively be referred to as the "Premises". Effective as of the Third Expansion Commencement Date, all references in the Lease, as amended, to the Building shall mean # Building E when the context applies to Building E or any portion of the Premises located in Building E, # Building J when the context applies to Building J or any portion of the Premises located in Building J, # Building F when the context applies to Building F or any portion of the Premises located in Building F, and # each of Building E, Building J and Building F when the context applies to all of such buildings; provided; however, if casualty damage affects only one Building, the termination rights of the parties under Article 11 of the Original Lease shall apply only to the portion of the Premises in such Building (in which event the rent, security deposit and other amounts herein related to square footage and the definition of "Building" shall be correspondingly revised) and after the expiration of the Lease Term as to the Existing Premises, the Building shall mean only Building F and the Premises shall mean only the Third Expansion Premises. Notwithstanding the foregoing, if Landlord has not delivered possession of the Third Expansion Premises in the “Delivery Condition” (as that term is defined in [Section 1 of Exhibit B]), on or before # October 1, 2020, then, as Tenant's sole remedy for such delay, other than the right to specific performance, the date Tenant is otherwise obligated to commence payment of rent as to the Third Expansion Space shall be delayed by one (1) day for each two (2) days that the delivery date is delayed beyond such date, or # January 1, 2021, then Tenant shall also have the right to terminate this Third Amendment by written notice thereof to Landlord, whereupon any monies previously paid or deliveries previously made by Tenant to Landlord under this Third Amendment shall be promptly returned to Tenant, which dates shall be extended to the extent of any delays in delivery of possession caused by # Tenant delays, or # events of Force Majeure (which Force Majeure delays shall not exceed ninety (90) days in the aggregate).

Amended Terms of Lease of 4010 Expansion Premises; Condition of 4010 Expansion Premises. Landlord and Tenant acknowledge that Tenant has been occupying the 4010 Expansion Premises (i.e., on a temporary basis as the "Temporary Premises") pursuant to the terms of the Fourth Amendment. As of the Effective Date, the 4010 Expansion Premises shall be deemed to be a part of the Existing Premises, and Landlord and Tenant hereby acknowledge that such addition of the 4010 Expansion Premises to the Existing Premises shall, as of the Effective Date, increase the size of the Premises to 136,293 rentable square feet. Effective as of the Effective Date, all references in the Lease, as amended, to the Building shall mean # Building E when the context applies to Building E or any portion of the Premises located in Building E, # Building J when the context applies to Building J or any portion of the Premises located in Building J, # Building F when the context applies to Building F or any portion of the Premises located in Building F, # Building K when the context applies to Building K or any portion of the Premises located in Building K, and # each of Building E, Building J, Building F, and Building K when the context applies to all of such buildings; provided; however, if any casualty causes damage that affects only one Building, the termination rights of the parties under Article 11 of the Original Lease shall apply only to the applicable portion of the Premises in such Building (in which event the rent, security deposit and other amounts herein related to rentable square footage and the definition of "Building" shall be correspondingly revised). Accordingly, notwithstanding any provision to the contrary contained in the Lease (including, without limitation, the Fourth Amendment), Tenant's lease of the 4010 Expansion Premises shall be on the terms and conditions of the Lease, as amended hereby (i.e., the Lease Term with respect to the 4010 Expansion Premises shall be modified pursuant to the terms of Section 3.1 below and the Base Rent payment obligations for the 4010 Expansion Premises shall be modified pursuant to the terms of Section 4.2 below). Tenant hereby acknowledges that Tenant is in possession of the 4010 Expansion Premises and accordingly Landlord shall have no obligation to deliver the 4010 Expansion Premises to Tenant. Except as specifically set forth in the Tenant Work Letter attached to this Fifth Amendment as [Exhibit B] (the "Tenant Work Letter"), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the 4010 Expansion Premises, and Tenant shall continue to accept the 4010 Expansion Premises in its presently existing, "as-is" condition. Tenant shall construct the initial improvements in the 4010 Expansion Premises only pursuant to the terms of the Tenant Work Letter. Tenant also acknowledges that notwithstanding any provision to the contrary contained in the Lease, neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the 4010 Expansion Premises, or Building K or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business.

Modification of Premises. Effective as of the date (the "Expansion Commencement Date") which is the later to occur of # March 1, 2020, or # the date upon which the Expansion Premises are "Ready for Occupancy," as that term is defined in the Tenant Work Letter attached hereto as Exhibit B (the "Tenant Work Letter"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Expansion Premises. Consequently, effective upon the Expansion Commencement Date, the Existing Premises shall be increased to include the Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Expansion Premises to the Existing Premises shall, effective as of the Expansion Commencement Date, increase the size of the Premises to approximately 57,361 rentable square feet. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to in this Third Amendment as the "Premises", and effective as of the Expansion Commencement Date the Existing Premises and the Expansion Premises shall collectively be the Premises. Landlord shall use commercially reasonable efforts to deliver the Expansion Premises to Tenant fully decommissioned and Ready for Occupancy on or before May 1, 2020.

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