Common use of Additional Space Clause in Contracts

Additional Space. The Additional Space shall be added to the Original Premises under all the applicable terms and conditions of the Original Lease, except as modified herein, for a term (the “Additional Space Term”) which shall commence on the date (the “A.S. Commencement Date”) which shall be the earlier of: (a) the date upon which Landlord’s Work (as hereinafter defined) is deemed to be substantially completed, or (b) the date Tenant or anyone claiming by, under or through Tenant first shall occupy any part of the Additional Space (excluding the existing conference room located therein (the “Conference Room”)) for the conduct of Tenant’s business, and shall end on the last day of the second (2nd) calendar month following the month in which the tenth (10th) anniversary of the A. S. Commencement Date occurs or in the event that the A.S. Commencement Date occurs on the first (1st) day of the month, the day immediately preceding the second (2nd) calendar month following which the tenth (10th) anniversary of the A.S. Commencement Date (the “Extended Term Expiration Date”), or on such earlier date upon which the term of the Lease shall expire, be canceled or terminated pursuant to any of the conditions or covenants of the Lease or pursuant to law. As soon as the A.S. Commencement Date and Extended Term Expiration Date are known, Landlord and Tenant shall execute a memorandum prepared by Landlord confirming the same within ten (10) days of written demand therefor, but any failure to execute such a memorandum shall not affect such dates as determined by Landlord. (The “Premises,” as such term is defined in the Original Lease, shall consist of the Additional Space and the Original Premises from and after the A.S. Commencement Date).

Appears in 3 contracts

Sources: Lease Modification, Extension and Additional Space Agreement, Sublease Agreement (Delcath Systems, Inc.), Lease Modification, Extension and Additional Space Agreement (Delcath Systems Inc)