Expansion Right. Notwithstanding anything to the contrary in the Lease --------------- Form: A. At any time prior to September 1, 1993, Lessee shall have the option, by giving written notice to Lessor prior to the expiration of said period, to expand the Premises by 5,000 square feet into space which shall be contiguous to the original Premises (the "Expansion Premises"). B. Upon Lessee's exercise of the option to expand, the Expansion Premises shall be included within the Premises and leased to Lessee pursuant to the provisions of the Lease and at the same rate per square foot of floor space as the Basic Rental, Additional Rental, and Lessee Improvements (including an allowance for the Expansion Premises at the same rate as the allowance for the original Premises) as set forth in the Lease. Lessee shall have no obligation to begin paying Basic Rental or Additional Rental until all of the conditions set forth in Paragraph 1(A)(ii) of this Addendum are satisfied as they relate to the Expansion Premises. C. Prior to commencement of the Lessee Improvements in the Expansion Premises, Lessor and Lessee shall execute an amendment to this Lease stating the addition of the Expansion Premises as a part of the Premises and the increased rental therefor (the "Expansion Amendment"). D. If Lessor has not completed construction of the Lessee Improvements for the Expansion Premises within six (6) months after Lessee has exercised its option, Lessee may terminate the Expansion Amendment.
Appears in 1 contract
Sources: Sublease (Cypress Bioscience Inc)
Expansion Right. Notwithstanding anything to the contrary in the Lease --------------- Form:
A. At any time prior to September 1, 1993, Lessee shall have the option, by giving written notice to Lessor prior to the expiration of said period, to expand the Premises by 5,000 square feet into space which shall be contiguous to the original Premises (the "Expansion Premises").
B. Upon Lessee's exercise of the option to expand, the Expansion Premises shall be included within the Premises and leased to Lessee pursuant to the provisions of the Lease and at the same rate per square foot of floor space as the Basic Rental, Additional Rental, and Lessee Improvements (including an allowance for the Expansion Premises at the same rate as the allowance for the original Premises) as set forth in the Lease. Lessee shall have no obligation to begin paying Basic Rental or Additional Rental until all of the conditions set forth in Paragraph 1(A)(ii) of this Addendum are satisfied as they relate to the Expansion Premises.
C. Prior to commencement of the Lessee Improvements in the Expansion Premises, Lessor and Lessee shall execute an amendment to this Lease stating the addition of the Expansion Premises as a part of the Premises and the increased rental therefor (the "Expansion Amendment").
D. If Lessor has not completed construction of the Lessee Improvements for the Expansion Premises premises within six (6) months after Lessee has exercised its option, Lessee may terminate the Expansion Amendment.
Appears in 1 contract
Expansion Right. Notwithstanding anything If Tenant is not in default of any term or --------------- provision of this Lease and has not assigned this Lease or sublet any space covered thereby or agreed to the contrary do so in the Lease --------------- Form:
A. At any time prior to September 1future, 1993, Lessee Tenant shall have the option, by giving written notice to Lessor prior to the expiration of said period, to expand the Premises by 5,000 square feet into space which shall be contiguous to the original Premises right (the "Expansion PremisesOption").
B. Upon Lessee's exercise ) only during the first (1st) year following the Commencement Date to expand into any or all of the option three (3) additional spaces in the Building shown on Exhibit D hereto consisting of Module ▇-▇ (▇▇▇▇ ▇▇▇▇▇), --------- ▇-▇ and B-3, and consisting of a total of 48,207 square feet (each, an "Expansion Space") solely in accordance with the terms of this section, and subject to expand, the following conditions:
(i) The Expansion Premises Option shall be included within exercised, if at all, by written notice of exercise delivered to Landlord by Tenant during the Premises and leased to Lessee pursuant period from the Effective Date to the provisions end of the eleventh (11/th/) month of the Lease and at the same rate per square foot of floor space as the Basic RentalTerm, Additional Rental, and Lessee Improvements (including an allowance for the Expansion Premises at the same rate as the allowance for the original Premises) as set forth in the Lease. Lessee which notice shall have no obligation to begin paying Basic Rental or Additional Rental until all of the conditions set forth in Paragraph 1(A)(ii) of this Addendum are satisfied as they relate to the Expansion Premises.
C. Prior to commencement of the Lessee Improvements in the Expansion Premises, Lessor and Lessee shall execute an amendment to this Lease stating the addition identify which of the Expansion Premises as a part Spaces are the subject of the Premises and the increased rental therefor (the "Expansion Amendment")notice.
D. If Lessor has not completed construction (ii) Tenant shall accept the Expansion Space on an "AS-IS" basis.
(iii) Anything herein to the contrary notwithstanding, if Tenant is in default (following the expiration of any applicable cure or grace period) under any of the Lessee Improvements for terms, covenants or conditions of this Lease, either at the time Tenant exercises the Expansion Premises within six Option or at any time thereafter prior to or upon the Expansion Effective Date (6) months after Lessee has exercised its optiondefined below), Lessee may Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate the Expansion AmendmentOption upon notice to Tenant.
(iv) Tenant shall have the right to exercise the Expansion Option as to any of the three (3) additional spaces shown on Exhibit D hereto, --------- but not as to a portion or less than all of any of the three (3) additional spaces shown thereon.
Appears in 1 contract
Sources: Lease (Borland Software Corp)
Expansion Right. Notwithstanding anything to the contrary in the Lease --------------- Form:
A. At any time prior and from time to September time on or before November 1, 19931998, Lessee upon at least five (5) days prior written notice to Sublandlord, Subtenant shall have the option, by giving written notice right to Lessor prior to exercise the expiration of said period, option to expand into all or any part of the remainder portion of the 11th and 12th floors which is not part of the Premises subleased by 5,000 square feet into space which shall be contiguous Subtenant pursuant to the original Premises Section 3.1 hereunder (the "Expansion PremisesRemainder Portion").
B. Upon Lessee. In Subtenant's written notice of exercise of the its option to expandsublease all or any part of the Remainder Portion ("Subtenant's Exercise Notice") Subtenant shall specify the specific area of the Remainder Portion as to which Subtenant's Exercise Notice relates and the date upon which it desires to take occupancy of such part of the Remainder Portion (the "Occupancy Date") which shall in no event be earlier than five (5) days from the date of Subtenant's Exercise Notice. Upon the Occupancy Date the area as to which the Exercise Notice relates shall be deemed to be part of and included within the "Premises" subleased hereunder. In all events, to the Expansion Premises extent that on November 1, 1998 there is any part (including the whole thereof) of the Remainder Portion which has not been previously subleased by Subtenant pursuant to the foregoing expansion provisions of this Section 3.2 or pursuant to Section 3.3.1, such unsubleased part of the Remainder Portion shall be deemed to constitute part of and be included within the Premises and leased to Lessee pursuant to subleased hereunder so that as of November 1, 1998 the provisions Premises shall be comprised of the Lease entire 11th and at the same rate per square foot of floor space as the Basic Rental, Additional Rental, and Lessee Improvements (including an allowance for the Expansion Premises at the same rate as the allowance for the original Premises) as set forth in the Lease. Lessee shall have no obligation to begin paying Basic Rental or Additional Rental until all 12th floors of the conditions set forth in Paragraph 1(A)(ii) Building consisting of this Addendum are satisfied as they relate to the Expansion Premisesapproximately 99,444 rentable square feet.
C. Prior to commencement of the Lessee Improvements in the Expansion Premises, Lessor and Lessee shall execute an amendment to this Lease stating the addition of the Expansion Premises as a part of the Premises and the increased rental therefor (the "Expansion Amendment").
D. If Lessor has not completed construction of the Lessee Improvements for the Expansion Premises within six (6) months after Lessee has exercised its option, Lessee may terminate the Expansion Amendment.
Appears in 1 contract
Sources: Sublease (SPSS Inc)