Common use of Lease of Additional Premises Clause in Contracts

Lease of Additional Premises. The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth floor of the Building (Suite 450) containing approximately 7,835 RSF of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence (the “Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requires.

Appears in 2 contracts

Sources: Lease (Accolade, Inc.), Lease (Accolade, Inc.)

Lease of Additional Premises. The Lease is hereby amended to provide that (a) (i) Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space , (A) the 48th Floor Premises and the 49th Floor Premises for a term commencing on the fourth floor date of the Building (Suite 450) containing approximately 7,835 RSF of space this Amendment (the “Additional Premises48/49th Floor Premises Commencement Date)) and ending on the Extended Expiration Date, as shown on Exhibit “A”, attached hereto and made a part hereof. The or such earlier date upon which the term of the Lease may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law, upon all of the terms and conditions of the Original Lease, as modified by this Amendment, (B) the 64th Floor Premises for a term commencing on the Additional date that Landlord delivers possession of the 64th Floor Premises shall commence to Tenant free of all leases, tenancies and occupants, in broom-clean condition with the work set forth on Exhibit B (the “Extension Work”) in respect of the 64th Floor Premises having been Substantially Completed (as hereinafter defined) (the “64th Floor Premises Commencement Date”) and ending on the Extended Expiration Date, or such earlier date upon which the term of the Lease may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law, upon all of the terms and conditions of the Original Lease, as modified by this Amendment, and (C) the 3rd Floor Premises and the 8th Floor Premises for a term commencing on the date that Landlord delivers possession of each such floor to Tenant free of all leases, tenancies and occupants, in broom-clean condition with the work set forth on Exhibit B-1 (the “Expansion Extension Work”) in respect of such floor having been Substantially Completed (a “3/8th Floor Premises Commencement Date” and, together with the 48/49th Floor Premises Commencement Date and the 64th Floor Premises Commencement Date, collectively, the “Additional Premises Commencement DateDates”) and ending on the Extended Expiration Date, or such earlier date upon which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession term of the Additional Premises for its Permitted Uses, Lease may expire or (ii) upon Substantial Completion (defined below) be terminated pursuant to any of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion conditions of minor finishing, adjustment of equipment, and limitation or other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy provisions of the Additional PremisesLease or pursuant to law, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to upon all of the terms, covenants terms and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Original Lease, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requiresmodified by this Amendment.

Appears in 2 contracts

Sources: Lease (Lazard LTD), Lease (Lazard Group LLC)

Lease of Additional Premises. The Lease is hereby amended to provide that (a) Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth floor portions of the Building (Suite 450) containing approximately 7,835 RSF submezzanine level of space the Building, designated as Space ‘O’, Space ‘Q’, Space ‘R’, Space ‘U’, Space ‘W’, Space ‘X’, Space ‘Z’, Space ‘EE’ and Space ‘K’, all being more particularly shown on Exhibit A attached hereto (the “Additional Premises”), as shown for a term commencing on Exhibit the date (the AEffective Date) that is the later to occur of (x) the date of mutual execution and delivery of this Amendment, attached hereto and made a part hereof. The (y) the date Landlord delivers possession of all of the Additional Premises to Tenant and ending on the Initial Expiration Date, or such earlier date upon which the term of the Lease for may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law, upon all of the terms and conditions of the Original Lease, as modified by this Amendment. Notwithstanding anything to the contrary contained herein, and provided that Tenant obtains the prior consent of Landlord, Tenant shall be permitted to have reasonable access to the Additional Premises shall commence prior to the Effective Date in order to inspect the same (the “Early Access Period”). All of the terms and provisions of the Lease shall apply to the Additional Premises Commencement Date”during the Early Access Period, except for the obligation to pay Fixed Rent and Additional Rent in respect of the Additional Premises. (b) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes Landlord shall deliver possession of the Additional Premises to Tenant on the Effective Date. Landlord shall not be liable for its Permitted Uses, or (ii) upon Substantial Completion (defined below) failure to deliver possession of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by or any portion thereof to Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipmenton any specified date, and other minor construction aspectssuch failure shall not impair the validity of this Amendment. The provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement, and provided that if Landlord has procured a temporary or permanent certificate fails to deliver vacant possession of occupancy permitting the occupancy all of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply Premises in good faith accordance with the terms of Exhibit this Amendment prior to May 1, 2003 (the BOutside Delivery Date), Tenant shall have the right within 10 days after the Outside Delivery Date, as its sole and exclusive remedy therefor, to cancel this Amendment by giving notice of cancellation to Landlord. It is estimated that If Tenant timely delivers the aforesaid cancellation notice, this Amendment shall terminate 15 days after the date of such notice, unless Landlord delivers vacant possession of the Additional Premises Commencement Date within such 15-day period, in which case Tenant’s cancellation notice shall be on void and this Amendment shall continue in full force and effect. Failure by Tenant to exercise such right to cancel this Amendment within the aforesaid 10-day period shall constitute a waiver of such right; time being of the essence with respect thereto. Notwithstanding anything to the contrary contained herein, Landlord shall exercise reasonable diligence (at no cost to Landlord), including exercising its right of termination pursuant to any leases or about December 1license agreements affecting the Additional Premises promptly after the date hereof, 2011to cause the existing tenants and/or occupants of the Additional Premises to vacate the same in a timely manner. It is Landlord shall give Tenant at least ten (10) days’ advance written notice of the mutual intention Effective Date. (c) Effective as of Landlord the Effective Date, Tenant shall lease the Additional Premises upon all of the terms and Tenant that conditions of the Original Lease, except as follows: (i) The Additional Premises shall be leased deemed to and occupied by Tenant on and subject to consist of 8,216 rentable square feet for all purposes of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and . (ii) Tenant hereby agree that from and after shall pay Fixed Rent for the Additional Premises Commencement at a rate equal to ***** per square foot per annum for the period beginning on the Effective Date and ending on the last day of the month which is 12 months after the Effective Date. Thereafter, with respect to the Additional Premises only, Fixed Rent for each subsequent year shall increase by ***** of the Fixed Rent in effect during the immediately preceding year. Tenant shall be permitted to include the Fixed Rent with respect to the Additional Premises as part of Fixed Rent under clause (a) (ii) of Schedule 2 of the Original Lease when calculating Percentage Rent pursuant to the Original Lease. (iii) Tenant shall pay additional rent on account of Taxes with respect to the Additional Premises pursuant to Article 8 of the Original Lease, except that, with respect to the Additional Premises only, (a) “Base Tax Year” shall mean the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 if the Effective Date occurs on or before December 31, 2002, or the Tax Year commencing on January 1, 2003 and ending on December 31, 2003 (i.e., the word “Premises”second half of the Tax Year commencing on July 1, as defined in the Lease2002 and ending on June 30, shall mean and include both the Original Premises 2003 and the Additional Premisesfirst half of the Tax Year commencing on July 1, containing a total of 30,617 RSF2003 and ending on June 30, unless 2004) if the context otherwise requires.Effective Date occurs on or after

Appears in 2 contracts

Sources: Lease (Madison Square Garden, Inc.), Lease (Madison Square Garden, Inc.)

Lease of Additional Premises. The Lease is hereby amended Upon and subject to provide that the terms and conditions as set forth in this First Amendment and the Lease, Landlord hereby demises and lets unto Tenant, leases to Tenant and Tenant hereby leases and hires from Landlord, all that Landlord those certain space premises consisting of approximately 9,391 rentable square feet located on the fourth fifth floor of adjacent to the Building (Suite 450) containing approximately 7,835 RSF of space (the “Additional Existing Premises”), as shown depicted on Exhibit “A”, Schedule 2 attached hereto and made a part hereofincorporated by this reference and described herein as the Additional Premises. The term of the Lease for Lease, as it applies to the Additional Premises, shall commence upon the earlier of (a) the date of Substantial Completion of the Additional Premises Tenant Improvements, which is currently estimated to be June 1, 2003 (the “Delivery Date”); (b) the date Tenant commences business operations in the Additional Premises; or (c) the date Substantial Completion of the Additional Premises Tenant Improvements would have occurred but for Tenant Delay (the foregoing terms are defined in Exhibit A). If Landlord does not tender possession of the Additional Premises to Tenant on or before the Delivery Date, subject to Force Majeure and Tenant Delay, Landlord will pay to Tenant an amount equal to $17,897.00 (the “Penalty Fee”) in cash within thirty (30) days of the Delivery Date. If Landlord is unable to tender possession of the Premises to Tenant on or before the Delivery Date, the Lease, as it applies to the Additional Premises, remains in full force and effect and Landlord is not liable to Tenant for any resulting loss or damage, except for the payment of the Penalty Fee; provided, however, that unless the delay is caused by Tenant Delay, Additional Premises Base Rent shall commence ▇▇▇▇▇ on a day-for-day basis for those days (after the Delivery Date) during which Landlord is unable to tender possession of the Additional Premises to Tenant. The expiration date of the Lease, as it applies to the Additional Premises, shall expire on February 1, 2009, unless sooner terminated pursuant to the provisions of the Lease (the “Additional Premises Commencement Termination Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with The “Additional Premises Term” of the Tele/Data requirements as set forth Lease shall commence on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be and terminate on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Termination Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requires.

Appears in 2 contracts

Sources: Office Lease (Eschelon Telecom Inc), Office Lease (Eschelon Telecom Inc)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth first floor of the Building (Suite 450) containing approximately 7,835 3,140 RSF of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence upon substantial completion of Landlord’s Work (the as defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”) on the date which is the earlier of (i) ). The Additional Premises shall be deemed substantially completed when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted UseUses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s its compliance with the Tele/Data requirements as set forth on in Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion substantial completion of Landlord’s ’ s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseSecond Amendment, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 8,699 RSF, unless the context otherwise requires. (b) Landlord shall turnkey the Additional Premises in substantial conformity with the floor plan entitled “Accolade Expansion”, prepared by ▇▇▇▇▇ & Associates, dated February 24, 2009 (“Landlord’s Work”), the same of which is attached hereto, made a part hereof and marked as Exhibit “C”. (c) Notwithstanding the foregoing, if any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans and specifications within the time frame stated by Landlord in its reasonable discretion; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within the time frame stated by Landlord in its reasonable discretion (each, a “Tenant’s Delay”); then the commencement of the Term of this Second Amendment and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay. If any change, revision or supplement to the scope of Landlord’s Work is requested by Tenant, then such increased costs associated with such change, revision or supplement shall be paid by Tenant upfront and such occurrence shall not change the Additional Premises Commencement Date of the Term and shall not alter Tenant’s obligations under this Second Amendment. (d) Notwithstanding anything to the contrary stated in Article 2(c) above, the Term of this Second Amendment shall commence on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or Tenant’s change order. (e) Upon completion of Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises, at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall complete the punchlist items to Tenant’s reasonable satisfaction within a reasonable time thereafter, such time not to exceed thirty (30) days from the actual inspection, unless such items cannot be completed within such time, and then, in such reasonable time, so long as Landlord is diligently pursuing such items. (f) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “D”. If Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted.

Appears in 2 contracts

Sources: Lease (Accolade, Inc.), Lease (Accolade, Inc.)

Lease of Additional Premises. The Lease is hereby amended to provide that (a) Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth floor portions of the Building (Suite 450) containing approximately 7,835 RSF submezzanine level of space the Building, designated as Space ‘O’, Space ‘Q’, Space ‘R’, Space ‘U’, Space ‘W’, Space ‘X’, Space ‘Z’, Space ‘EE’ and Space ‘K’, all being more particularly shown on Exhibit A attached hereto (the “Additional Premises”), as shown for a term commencing on Exhibit the date (the AEffective Date) that is the later to occur of (x) the date of mutual execution and delivery of this Amendment, attached hereto and made a part hereof. The (y) the date Landlord delivers possession of all of the Additional Premises to Tenant and ending on the Initial Expiration Date, or such earlier date upon which the term of the Lease for may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law, upon all of the terms and conditions of the Original Lease, as modified by this Amendment. Notwithstanding anything to the contrary contained herein, and provided that Tenant obtains the prior consent of Landlord, Tenant shall be permitted to have reasonable access to the Additional Premises shall commence prior to the Effective Date in order to inspect the same (the “Early Access Period”). All of the terms and provisions of the Lease shall apply to the Additional Premises Commencement Date”during the Early Access Period, except for the obligation to pay Fixed Rent and Additional Rent in respect of the Additional Premises. (b) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes Landlord shall deliver possession of the Additional Premises to Tenant on the Effective Date. Landlord shall not be liable for its Permitted Uses, or (ii) upon Substantial Completion (defined below) failure to deliver possession of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by or any portion thereof to Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipmenton any specified date, and other minor construction aspectssuch failure shall not impair the validity of this Amendment. The provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement, and provided that if Landlord has procured a temporary or permanent certificate fails to deliver vacant possession of occupancy permitting the occupancy all of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply Premises in good faith accordance with the terms of Exhibit this Amendment prior to May 1, 2003 (the BOutside Delivery Date), Tenant shall have the right within 10 days after the Outside Delivery Date, as its sole and exclusive remedy therefor, to cancel this Amendment by giving notice of cancellation to Landlord. It is estimated that If Tenant timely delivers the aforesaid cancellation notice, this Amendment shall terminate 15 days after the date of such notice, unless Landlord delivers vacant possession of the Additional Premises Commencement Date within such 15-day period, in which case Tenant’s cancellation notice shall be on void and this Amendment shall continue in full force and effect. Failure by Tenant to exercise such right to cancel this Amendment within the aforesaid 10-day period shall constitute a waiver of such right; time being of the essence with respect thereto. Notwithstanding anything to the contrary contained herein, Landlord shall exercise reasonable diligence (at no cost to Landlord), including exercising its right of termination pursuant to any leases or about December 1license agreements affecting the Additional Premises promptly after the date hereof, 2011to cause the existing tenants and/or occupants of the Additional Premises to vacate the same in a timely manner. It is Landlord shall give Tenant at least ten (10) days’ advance written notice of the mutual intention Effective Date. (c) Effective as of Landlord the Effective Date, Tenant shall lease the Additional Premises upon all of the terms and Tenant that conditions of the Original Lease, except as follows: (i) The Additional Premises shall be leased deemed to and occupied by Tenant on and subject to consist of 8,216 rentable square feet for all purposes of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and . (ii) Tenant hereby agree that from and after shall pay Fixed Rent for the Additional Premises Commencement at a rate equal to [*****] per square foot per annum for the period beginning on the Effective Date and ending on the last day of the month which is 12 months after the Effective Date. Thereafter, with respect to the Additional Premises only, Fixed Rent for each subsequent year shall increase by [*****] of the Fixed Rent in effect during the immediately preceding year. Tenant shall be permitted to include the Fixed Rent with respect to the Additional Premises as part of Fixed Rent under clause (a) (ii) of Schedule 2 of the Original Lease when calculating Percentage Rent pursuant to the Original Lease. (iii) Tenant shall pay additional rent on account of Taxes with respect to the Additional Premises pursuant to Article 8 of the Original Lease, except that, with respect to the Additional Premises only, (a) “Base Tax Year” shall mean the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 if the Effective Date occurs on or before December 31, 2002, or the Tax Year commencing on January 1, 2003 and ending on December 31, 2003 (i.e., the word second half of the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 and the first half of the Tax Year commencing on July 1, 2003 and ending on June 30, 2004) if the Effective Date occurs on or after January 1, 2003, and (b) Premises”, as defined in the Lease, Tenant’s Area” shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requires8,216 rentable square feet.

Appears in 2 contracts

Sources: Lease (MSG Entertainment Spinco, Inc.), Lease (MSG Entertainment Spinco, Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth second floor of the Building (Suite 450) containing approximately 7,835 5,064 RSF of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence upon the later of (i) March 15, 2009, and (ii) substantial completion of the Landlord’s Work (as defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”) on ). The Additional Premises shall be deemed substantially completed when the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted UseUses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 17,330 RSF, unless the context otherwise requires. (b) Landlord shall construct and do such other work in the Additional Premises (collectively, the “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan, SK-1, prepared by ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Architects dated November 18, 2009, which have been initialed by the parties, and which are herein incorporated by reference. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans, specifications or other reasonably requested information for the furtherance of Landlord’s Work within five (5) business days following Landlord’s written request to Tenant for the same; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant’s Delay”); then the Additional Premises Commencement Date and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay . If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant then such increased costs associated with such change, revision or supplement shall be paid by Tenant upfront and such occurrence shall not change the Additional Premises Commencement Date of the Term and shall not alter Tenant’s obligations under this Lease. Notwithstanding anything to the contrary stated in Article 2(a) above, the Term shall commence on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or Tenant’s change order. Landlord’s Work constitutes an Alteration under Article 8 of the Lease. Notwithstanding anything to the contrary contained herein, if the entire Tenant Allowance is not spent by Tenant on Landlord’s Work, the balance may be spent by Tenant for furniture, fixtures, or equipment. (c) From and after the Additional Premises Commencement Date, Tenant’s Share shall be 5.10%. (d) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B”. If Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted.

Appears in 1 contract

Sources: Lease (Qlik Technologies Inc)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth fifth floor of the Building (known as Suite 450) 501 containing approximately 7,835 RSF 15,759 square feet of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence on the later of (i) December 1, 2012, or (ii) the date Landlord delivers the Additional Premises to Tenant in the condition required under Section 2(b) below (“Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to and shall be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance coterminous with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, Landlord and Tenant hereby agree that from and after the later of (i) the Additional Premises Rent Commencement Date (as hereinafter defined), (ii) the Suite 240 Commencement Date, and (iii) the Suite 320 Termination Date (as hereinafter defined), the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises Premises, and the Additional Premises, containing a total of 30,617 RSF49,284 square feet, unless the context otherwise requires. (b) The Additional Premises shall be taken in “AS IS” condition by Tenant, provided that Landlord delivers the Additional Premises to Tenant on or before the Additional Premises Commencement Date in broom clean condition, free of all prior tenants and such tenants’ furniture, fixtures, equipment and other personal property, and with all HVAC, plumbing, electrical, mechanical and other Building systems serving the Additional Premises in good working order. Landlord shall make available to Tenant a tenant improvement allowance of up to $189,288.29 (“Additional Allowance”) to cover costs for improvements to the Premises or Additional Premises of which up to twenty five percent (25%) of the Additional Allowance may be used for soft costs related to such improvements (including, without limitation, architectural fees, engineering fees and other Premises costs). Such Additional Allowance shall be paid by Landlord within thirty days of receipt of Tenant’s invoice either to Tenant or as directed by Tenant to its contractors. All invoices must be submitted on or before the date that is six (6) months after the Additional Premises Commencement Date. In the event Landlord fails to pay the Additional Allowance within the time periods required hereby and Tenant shall not be default hereunder and shall have complied with the requirements of this Amendment pertaining to the Additional Allowance, and such failure continues for an additional five (5) business days after written notice from Tenant, Tenant shall have the right to offset such unpaid amounts against the Fixed Rent next becoming due under the Lease. (c) Tenant shall have the right to access the Additional Premises upon the surrender of such space by the existing tenant and prior to the Additional Premises Commencement Date at Tenant’s own risk and responsibility for the purpose of preparing the Additional Premises for Tenant’s use. (d) In the event the Additional Premises Commencement Date has not occurred by April 1, 2013 (unless due to a Tenant Delay), Tenant shall have the right to terminate this Amendment upon five (5) days’ prior written notice to Landlord given prior to the Additional Premises Commencement Date, in which event the parties hereto shall be released from all further liability under this Amendment and the Lease shall continue in full force and effect; provided, however, in the event the Additional Premises Commencement Date occurs within such five (5)-day period, Tenant’s termination shall be null and void and this Amendment shall remain in full force and effect.

Appears in 1 contract

Sources: Full Service Lease (JGWPT Holdings Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth floor of the Building (Suite 450) containing approximately 7,835 RSF remaining 26,402 rentable square feet of space (at the “Additional Premises”)Building, as shown on Exhibit "A”, attached hereto " and made a part hereof. The term of the Lease for the Additional Premises shall commence hereof (the “Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the "Additional Premises, if required by law (hereafter, “Substantial Completion”"). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease Lease, except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date (as hereinafter defined) the word "Premises", as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF50,841 rentable square feet, unless the context otherwise requires. (b) Tenant hereby acknowledges that it has inspected the Additional Premises, agrees to take the Additional Premises in its "as is" condition and further agrees that Landlord shall not be required to perform any work, make any installations or incur any expense in connection with Tenant's occupancy of the Additional Premises, except as specifically set forth herein. Notwithstanding the foregoing, Landlord shall perform the following work with respect to Tenant's leasing of the Additional Premises (collectively, "Landlord's Additional Premises Work"): (a) one (1) loading dock shall be added at the rear of the Building next to the existing loading dock, pursuant to the plans and specifications for such loading dock to be agreed upon by both Landlord and Tenant (b) the separation of the Building electric system shall be completed and a direct meter for the Additional Premises shall be installed; (c) all existing Building mechanical, electrical and plumbing systems shall be in proper working order. It is understood and agreed that a portion of Landlord's Additional Premises Work shall be performed subsequent to the Additional Premises Commencement Date. Tenant further acknowledges that Landlord's Additional Premises Work shall be performed while Tenant is occupying the Original Premises. Tenant hereby acknowledges and agrees that Landlord shall not be liable for any inconvenience to Tenant or for interference with Tenant's business or use of the Original Premises and the Additional Premises during the performance of Landlord's Additional Premises Work. Landlord shall use reasonable efforts to minimize interference with the operation of Tenant's business in the Original Premises and the Additional Premises while performing Landlord's Additional Premises Work. Landlord's Additional Premises Work shall otherwise be performed in accordance with the provisions of Article 4(b) of the Lease. (c) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term substantially in the form attached to this Amendment as Exhibit "B". If Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord's determination of such dates shall be deemed accepted.

Appears in 1 contract

Sources: Lease Agreement (Hirsch International Corp)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth fifth (5th) floor of the Building (Suite 450) containing approximately 7,835 RSF two thousand, five hundred seventy-nine (2,579) square feet of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto A-1” and made a part hereof. The term , effective on and as of the Lease for the Additional Premises shall commence January 1, 2004 (the “Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSFseven thousand, five hundred fifty (7,550) rentable square feet, unless the context otherwise requires. (b) Landlord shall, at Landlord’s expense, on or prior to the Additional Premises Commencement Date, replace the suite entrance door to the Additional Premises with a Herculite glass door, using building standard materials. Otherwise, Landlord shall have no obligation to perform any improvements to the Additional Premises, and Tenant accepts same in their “as is” condition. (c) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be increased to 6.2%.

Appears in 1 contract

Sources: Lease (Ameriquest, Inc.)

Lease of Additional Premises. The Lease is hereby amended to provide that (A) Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space the Fifth Amendment Additional Premises for a term commencing on the fourth floor of the Building (Suite 450) containing approximately 7,835 RSF of space date (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence (the “Fifth Amendment Additional Premises Commencement Date”) that is the day immediately following the end of the Early Access Period (as hereinafter defined) and ending on the Expiration Date (i.e., March 17, 2014), or such earlier date upon which is the earlier term of the Lease may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law, upon all of the terms and conditions of the Original Lease, as modified by this Amendment. (B) Landlord shall not be liable for failure to deliver possession of the Fifth Amendment Additional Premises to Tenant on any specified date, and such failure shall not impair the validity of this Amendment. Landlord shall be deemed to have delivered possession of the Fifth Amendment Additional Premises to Tenant upon the giving of notice by Landlord to Tenant stating that the Fifth Amendment Additional Premises are broom clean, vacant and available for Tenant’s occupancy, provided that (i) when Tenant, with Landlord’s prior consent, assumes such notice shall be factually correct and (ii) Landlord tenders possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith accordance with the terms of Exhibit “B”this Amendment on or prior to the Fifth Additional Premises Commencement Date. It is estimated that There shall be no postponement of the Fifth Amendment Additional Premises Commencement Date shall be on or about December 1, 2011. It is for any delay in the mutual intention delivery of Landlord and possession of the Fifth Amendment Additional Premises to Tenant that the Additional Premises shall be leased results from any delay caused by or attributable to and occupied by Tenant on and subject to all Tenant. (C) Effective as of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Fifth Amendment to Lease, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Tenant shall lease the word “Premises”Fifth Amendment Additional Premises upon all of the terms and conditions of the Original Lease, except as defined follows: (1) The Base Rent payable under the Lease with respect to the Fifth Amendment Additional Premises shall be payable at the times and in the Lease, shall mean and include both manner specified in the Original Lease for the payment of Base Rent, and shall be at the rates set forth below: Period Annual Base Rent Monthly Base Rent Base Rent Per Rentable Square Foot January 17, 2011 through January 16, 2012 $ 704,460.00 $ 58,705.00 $ 30.00 January 17, 2012 through January 16, 2013 $ 725,593.80 $ 60,466.15 $ 30.90 January 17, 2013 through January 16, 2014 $ 747,432.06 $ 62,286.05 $ 31.83 January 17, 2014 through Expiration Date (i.e., March 17, 2014) $ 769,739.96 $ 64,145.00 $ 32.78 (2) The Fifth Amendment Additional Premises shall be deemed to consist of 23,482 rentable square feet for all purposes of the Lease. The Building and/or the Fifth Amendment Additional Premises shall be subject to re-measurement; provided, however, that in the event of any such re-measurement, the total amount of Rent due and payable under the Lease with respect to the Demised Premises (including the Fifth Amendment Additional Premises) through the period ending on March 17, containing 2014, Tenant’s Share of Increased Operating Expenses with respect to the Demised Premises (including the Fifth Amendment Additional Premises) through the period ending on March 17, 2014 and Tenant’s Share of Increased Real Estate Taxes with respect to the Demised Premises (including the Fifth Amendment Additional Premises) through the period ending on March 17, 2014 shall not be increased or decreased as a total result of 30,617 RSF, unless the context otherwise requiresany such re-measurement.

Appears in 1 contract

Sources: Lease Agreement (Cvent Inc)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth second floor of the Building (Suite 450205) containing approximately 7,835 2,979 RSF of space (the “Additional Premises”), as shown on Exhibit “A”, ” which is attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence (the “Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s 's prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) substantial completion of the improvements required to be made by Landlord, if any under Article 32(b) below (“Additional Premises Commencement Date”). Substantial Completion completion means that the initial improvements called for by this Fourth First Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completionsubstantial completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseFirst Amendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 7,718 RSF, unless the context otherwise requires. (b) The Additional Premises shall be delivered to Tenant on an “As Is” basis except as indicated on the mutually agreed upon Plan/Construction Scope of Work which shall be completed using building standard finishes (“Landlord’s Work”), which is attached hereto, made a part hereof and marked as Exhibit “B”. Upon completion of Landlord’s Work, Landlord and Tenant shall schedule a pre-occupancy inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be completed. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty (30) days, or if the nature of the items requires additional time, within such additional time as is reasonable necessary. (c) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit "C". If Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted.

Appears in 1 contract

Sources: Lease (Cross Country Healthcare Inc)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on in the fourth floor of the Building (Building, which is a portion Suite 450) 402 containing approximately 7,835 RSF of space 2,917 rentable square feet (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term Term of the Lease for the Additional Premises shall commence (the “Additional Premises Commencement Date”) on the date which is the earlier of of: (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, ; or (ii) upon Substantial Completion (as such term is defined belowin the Original Lease) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means Additional Premises Work (as such term is defined below)The Term shall expire on the last day of the calendar month that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that is seventy seven (77) months after the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Commencement Date (“Additional Premises, if required by law (hereafter, “Substantial CompletionPremises Expiration Date”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the The Additional Premises Commencement Date shall be on confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term (“COLT”) in the form attached hereto as Exhibit “B”. If Tenant fails to execute or about December 1object to the COLT within ten (10) business days after its delivery, 2011. Landlord’s determination of such dates shall be deemed accepted. (b) It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease Original Lease, except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Original Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF6,029 rentable square feet, unless the context otherwise requires. (c) Except solely as set forth in this subsection (c), Tenant shall accept the Additional Premises in its “AS IS” “WHERE IS” condition, without representation or warranty by Landlord. Landlord, at no cost to Tenant and in a good and workmanlike manner using Building standard materials and finishes, shall construct and do such other work in the Additional Premises (collectively, “Additional Premises Work”) in substantial conformity with the plans and outline specifications of the plan attached hereto as Exhibit “A” and Exhibit “C” to the Original Lease with the exception that the 16 week period for Substantial Completion shall begin with the full execution of this First Amendment. If any material revision or supplement to Additional Premises Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. If the Substantial Completion of the Additional Premises Work is delayed as a result of: (i) Tenant’s failure to furnish plans and specifications or provide any other reasonably requested information or approvals related to the furtherance of Additional Premises Work within five (5) business days following Landlord’s written request to Tenant for the same; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans, including but not limited to any Change Order (as hereinafter defined); (iv) the performance or completion of any work, labor or services by Tenant or any party employed or engaged by or on behalf of Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within five (5) business days following Land▇▇▇▇’▇ ▇ritten request to Tenant for the same (each, a “Tenant's Delay”); then the commencement of the Term of the Lease for the Additional Premises and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such Tenant Delay; provided however, that the foregoing shall not in any way relieve Landlord from its obligation to continue the Additional Premises Work to Substantial Completion. If any change, revision or supplement to the scope of the Additional Premises Work is requested by Tenant (“Change Order”) then all such increased costs associated with the Change Order shall be paid by Tenant upfront and the occurrence of the Change Order shall not change the Additional Premises Commencement Date of the Term and shall not alter Tenant's obligations under this Amendment. Notwithstanding anything to the contrary stated herein, the Term shall commence on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or the Change Order. After receipt of notification from Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be generated. Within a reasonable time thereafter, Land▇▇▇▇ ▇▇▇ll complete the punchlist items to Tenant’s reasonable satisfaction.

Appears in 1 contract

Sources: Lease (Paratek Pharmaceuticals, Inc.)

Lease of Additional Premises. The Lease is hereby amended to provide that (a) Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth floor portions of the Building (Suite 450) containing approximately 7,835 RSF submezzanine level of space the Building, designated as Space ‘O’, Space ‘Q’, Space ‘R’, Space ‘U’, Space ‘W’, Space ‘X’, Space ‘Z’, Space ‘EE’ and Space ‘K’, all being more particularly shown on Exhibit A attached hereto (the “Additional Premises”), as shown for a term commencing on Exhibit the date (the AEffective Date) that is the later to occur of (x) the date of mutual execution and delivery of this Amendment, attached hereto and made a part hereof. The (y) the date Landlord delivers possession of all of the Additional Premises to Tenant and ending on the Initial Expiration Date, or such earlier date upon which the term of the Lease for may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law, upon all of the terms and conditions of the Original Lease, as modified by this Amendment. Notwithstanding anything to the contrary contained herein, and provided that Tenant obtains the prior consent of Landlord, Tenant shall be permitted to have reasonable access to the Additional Premises shall commence prior to the Effective Date in order to inspect the same (the “Early Access Period”). All of the terms and provisions of the Lease shall apply to the Additional Premises Commencement Date”during the Early Access Period, except for the obligation to pay Fixed Rent and Additional Rent in respect of the Additional Premises. (b) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes Landlord shall deliver possession of the Additional Premises to Tenant on the Effective Date. Landlord shall not be liable for its Permitted Uses, or (ii) upon Substantial Completion (defined below) failure to deliver possession of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by or any portion thereof to Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipmenton any specified date, and other minor construction aspectssuch failure shall not impair the validity of this Amendment. The provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement, and provided that if Landlord has procured a temporary or permanent certificate fails to deliver vacant possession of occupancy permitting the occupancy all of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply Premises in good faith accordance with the terms of Exhibit this Amendment prior to May 1, 2003 (the BOutside Delivery Date), Tenant shall have the right within 10 days after the Outside Delivery Date, as its sole and exclusive remedy therefor, to cancel this Amendment by giving notice of cancellation to Landlord. It is estimated that If Tenant timely delivers the aforesaid cancellation notice, this Amendment shall terminate 15 days after the date of such notice, unless Landlord delivers vacant possession of the Additional Premises Commencement Date within such 15-day period, in which case Tenant’s cancellation notice shall be on void and this Amendment shall continue in full force and effect. Failure by Tenant to exercise such right to cancel this Amendment within the aforesaid 10-day period shall constitute a waiver of such right; time being of the essence with respect thereto. Notwithstanding anything to the contrary contained herein, Landlord shall exercise reasonable diligence (at no cost to Landlord), including exercising its right of termination pursuant to any leases or about December 1license agreements affecting the Additional Premises promptly after the date hereof, 2011to cause the existing tenants and/or occupants of the Additional Premises to vacate the same in a timely manner. It is Landlord shall give Tenant at least ten (10) days’ advance written notice of the mutual intention Effective Date. (c) Effective as of Landlord the Effective Date, Tenant shall lease the Additional Premises upon all of the terms and Tenant that conditions of the Original Lease, except as follows: (i) The Additional Premises shall be leased deemed to and occupied by Tenant on and subject to consist of 8,216 rentable square feet for all purposes of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and . (ii) Tenant hereby agree that from and after shall pay Fixed Rent for the Additional Premises Commencement at a rate equal to ***** per square foot per annum for the period beginning on the Effective Date and ending on the last day of the month which is 12 months after the Effective Date. Thereafter, with respect to the Additional Premises only, Fixed Rent for each subsequent year shall increase by ***** of the Fixed Rent in effect during the immediately preceding year. Tenant shall be permitted to include the Fixed Rent with respect to the Additional Premises as part of Fixed Rent under clause (a) (ii) of Schedule 2 of the Original Lease when calculating Percentage Rent pursuant to the Original Lease. (iii) Tenant shall pay additional rent on account of Taxes with respect to the Additional Premises pursuant to Article 8 of the Original Lease, except that, with respect to the Additional Premises only, (a) “Base Tax Year” shall mean the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 if the Effective Date occurs on or before December 31, 2002, or the Tax Year commencing on January 1, 2003 and ending on December 31, 2003 (i.e., the word second half of the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 and the first half of the Tax Year commencing on July 1, 2003 and ending on June 30, 2004) if the Effective Date occurs on or after January 1, 2003, and (b) Premises”, as defined in the Lease, Tenant’s Area” shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requires8,216 rentable square feet.

Appears in 1 contract

Sources: Lease (MSG Spinco, Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on in the fourth floor of the Building (Building, known as Suite 450) 410 containing approximately 7,835 RSF of space 2,457 rentable square feet (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term Term of the Lease for the Additional Premises shall commence upon Substantial Completion (the as hereinafter defined) (“Additional Premises Commencement Date”) ), which is estimated to be December I, 2014, and shall expire on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession last day of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) month that is coterminous with the Term of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Existing Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, Substantial CompletionExpiration Date”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease Existing Lease, except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Existing Lease, shall mean and include both the Original Existing Premises and the Additional Premises, containing a total of 30,617 RSF12,915 rentable square feet, unless the context otherwise requires. (b) Except solely as set forth in this subsection (b), Tenant shall accept the Additional Premises in its “AS IS” “WHERE IS” condition, without representation or warranty by Landlord. Landlord’s Work. Landlord, in a good and workmanlike manner and using Building standard materials and finishes, shall construct and do such other work in the Additional Premises (collectively, “Landlord’s Work”) in substantial conformity with the plans and outline specifications attached hereto as Exhibit “A”. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. If Landlord’s Work is delayed in being Substantially Completed (as hereinafter defined) as a result of: (i) Tenant’s failure to furnish plans and specifications or provide any other reasonably requested information or approvals related to the furtherance of Landlord’s Work within five (5) business days following Landlord’s written request to Tenant for the same; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans, including but not limited to any Change Order (as hereinafter defined); (iv) the performance or completion of any work, labor or services by Tenant or any party employed or engaged by or on behalf of Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant’s Delay”); then the commencement of the Term of the Lease and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such Tenant Delay. If any change, revision, or supplement to the scope of the Landlords Work is requested by Tenant (“Change Order”) then all such increased costs associated with the Change Order shall be paid by Tenant upfront and the occurrence of the Change Order shall not change the Commencement Date of the Term and shall not alter Tenant’s obligations under the Lease. Notwithstanding anything to the contrary herein, the Term shall commence on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or the Change Order. After receipt of notification from Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be generated. Within a reasonable time thereafter, Landlord shall complete the punchlist items to Tenant’s reasonable satisfaction. Tenant and its authorized agents, employees and contractors shall have the right, at Tenant’s own risk, expense and responsibility at all reasonable times prior to the Commencement Date to enter the Additional Premises for the purpose of taking measurements and installing its furnishings, fixtures and equipment, provided that Tenant acknowledges that all provisions of the Lease shall then be in full force and effect (except the obligation to pay Fixed Rent and Additional Rent for the Additional Premises). Furthermore, Tenant’s entry in the Additional Premises shall not interfere with Landlord’s construction and completion of the Landlord’s Work and any such interference shall be considered a Tenant Delay hereunder. In connection with such early access, Tenant shall follow the policies and safety directives of Landlord and Landlord’s contractor.

Appears in 1 contract

Sources: Lease (Ameriquest, Inc.)

Lease of Additional Premises. a. The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth first floor of the Building (Suite 450) containing approximately 7,835 2,941 RSF of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. hereof The term of the Lease for the Additional Premises shall commence upon substantial completion of the Landlord’s Work (the as defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”) on ). The Additional Premises shall be deemed “substantially completed” when the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have Work has been completed to the extent that the Additional Premises may be maybe occupied by Tenant for its Permitted UseUses, subject only to completion of minor finishing, adjustment of equipment, and other minor punchlist items and construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law Premises (hereafter, “Substantial Completionsubstantially completed”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 39,313 RSF, unless the context otherwise requires. On or before sixty (60) days following the Additional Premises Commencement Date, Landlord’s architect shall utilize the 1996 BOMA standard to determine Tenant’s rentable square footage for the Additional Premises, thereafter Tenant’s Fixed Rent for the Additional Premises and Tenant’s Allocated Share of the Building shall be adjusted to accurately reflect their respective values based on the rentable square footage so determined. b. Landlord shall construct and do such other work in the Additional Premises (collectively, the “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan, SK/4-0l prepared by Space Designs, Inc. dated January 19, 2006, which have been initialed by the parties, and which arc herein incorporated by reference. Tenant shall deliver final plans and finish specifications on or before the date that is the earlier of (i) five (5) days after the date of this Amendment, or (ii) March 15, 2006. Landlord shall have five (5) business days in which to review such final plans and finish specifications and to notify Tenant of Landlord’s approval or disapproval, which, in either event, shall not be unreasonably withheld, conditioned or delayed. Landlord shall only be responsible for payment of a maximum cost of $106,905.35 (i.e., $36.35 per rentable square foot for the Landlord’s Work) (the “Tenant Allowance”), all such costs in excess thereof to be borne by Tenant, and shall be paid to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation there for. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed (provided that such revisions or supplements do not materially Increase Tenant’s costs hereunder). If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans and specifications within the time frame stated herein above; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard, (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, change orders, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request for the same (each, a “Tenant’s Delay”); then the Additional Premises Commencement Date and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant and such change, revision or supplement results in an increase in cost to Landlord, then Landlord will notify Tenant in writing of such increased cost before preceding with such change, revision or supplement. If after such notification from Landlord, Tenant notifies Landlord to proceed with such change, revision or supplement, then such increased costs associated with such change, revision or supplement shall be paid by Tenant within five (5) days of notice form Tenant to proceed, and such occurrence shall not change the Additional Premises Commencement Date and shall not alter Tenant’s obligations under this Lease as amended hereby. Notwithstanding anything to the contrary stated in Section 2(a) above, the Additional Premises Commencement Date shall occur on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or Tenant’s change order. Landlord’s Work will not constitute an Alteration under Article 10 of the Original Lease. Notwithstanding anything to the contrary contained herein, lithe entire Tenant Allowance is not spent by Tenant on Landlord’s Work, the balance may be spent by Tenant for furniture, fixtures, or equipment. c. Upon notification by Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be completed. For the purpose of the Lease, punchlist items are those minor adjustments, repairs, replacements and the failure to complete associated with Landlord’s Work of which, taken as a whole shall not interfere with or disrupt Tenant’s Permitted Uses of the Premises. Landlord shall complete the punchlist items to Tenant’s reasonable satisfaction within thirty (30) days thereafter or the expiration of such additional time period as is reasonably necessary to cure such obligation, provided Landlord immediately commences and thereafter proceeds with all due diligence and in good faith to cure such obligation. During completion of the punchlist items, Landlord will take commercially reasonable measures to not unreasonably interfere with Tenant’s business operations in the Additional Premises. d. The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B”. If Tenant fails to execute or object to the Confirmation of Lease Tern within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. e. Landlord anticipates that the Additional Premises Commencement Date will occur on or before the date which is one hundred forty (140) days after the date of this Amendment (the “Outside Delivery Date”). If the Additional Premises Commencement Date has not occurred by the Outside Delivery Date, subject to the provisions herein relating to a Tenant’s Delay or Force Majeure, then Tenant shall be entitled to a rent credit equal to one day’s Fixed Rent for each day that the Additional Premises Commencement Date is delayed beyond the Outside Delivery Date.

Appears in 1 contract

Sources: Lease (Medquist Inc)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth second floor of the Building (Suite 450) containing approximately 7,835 5,064 RSF of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence upon the later of (i) March 15, 2009, and (ii) substantial completion of the Landlord’s Work (as defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”) on ). The Additional Premises shall be deemed substantially completed when the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted UseUses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 17,330 RSF, unless the context otherwise requires. (b) Landlord shall construct and do such other work in the Additional Premises (collectively, the “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan, SK-1, prepared by ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Architects dated November 18, 2009, which have been initialed by the parties, and which are herein incorporated by reference. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans, specifications or other reasonably requested information for the furtherance of Landlord’s Work within five (5) business days following Landlord’s written request to Tenant for the same; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant’s Delay”); then the Additional Premises Commencement Date and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay . If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant then such increased costs associated with such change, revision or supplement shall be paid by Tenant upfront and such occurrence shall not change the Additional Premises Commencement Date of the Term and shall not alter Tenant’s obligations under this Lease. Notwithstanding anything to the contrary stated in Article 2(a) above, the Term shall commence on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or Tenant’s change order. Landlord’s Work constitutes an Alteration under Article 8 of the Lease. Notwithstanding anything to the contrary contained herein, if the entire Tenant Allowance is not spent by Tenant on Landlord’s Work, the balance may be spent by Tenant for furniture, fixtures, or equipment.

Appears in 1 contract

Sources: Lease

Lease of Additional Premises. The Lease is (a) Sublandlord hereby amended subleases to provide that Landlord hereby demises and lets unto TenantSubtenant, and Tenant Subtenant hereby leases and hires subleases from Landlord, all that certain space Sublandlord the Additional Premises for a term commencing on the fourth floor later of (i) the date upon which Sublandlord receives written consent from Hiro Real Estate Co. (“Overlandlord”) to Subtenant’s subleasing of the Building (Suite 450) containing approximately 7,835 RSF of space Additional Premises from Sublandlord (the “Additional PremisesOverlandlord Consent) (which Overlandlord Consent shall be evidenced by Overlandlord’s signature appended hereto or a separate consent in the form utilized by Overlandlord), as shown on Exhibit “A”, attached hereto and made a part hereof. The term or (ii) the date upon which Sublandlord delivers possession of the Lease for the Additional Premises shall commence to Subtenant (the later of such dates, the “Additional Premises Commencement Date”) ; provided, however, that Sublandlord shall notify Subtenant on the date it receives the Overlandlord Consent), and ending on the Sublease Expiration Date, or such earlier date upon which the term of the Sublease may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Sublease or pursuant to law. upon all of the terms and conditions of the Original Sublease. as modified by this Amendment. Following the execution of this Amendment by Sublandlord and Subtenant. Sublandlord shall promptly and diligently pursue the Overlandlord Consent in accordance with the terms and conditions of the ▇▇▇▇▇▇▇▇▇ (as such term is hereinafter defined below). Sublandlord and Subtenant shall execute an instrument in form and substance reasonably acceptable to both parties setting forth the earlier Additional Premises Commencement Date; provided, however, that the failure to prepare or execute such instrument shall not affect or be a condition to the commencement of (i) when Tenantthe sublease of the Additional Premises. Notwithstanding anything to the contrary contained herein, with Landlordprior to the Additional Premises Commencement Date and upon Sublandlord’s prior consentreasonable approval, assumes Subtenant may enter the Additional Premises, at times reasonably convenient to Sublandlord, solely to inspect the Additional Premises (including FF&E (as such term is hereinafter defined below)) and to take inventory of the FF&E. (b) Notwithstanding anything in this agreement to the contrary, Sublandlord shall endeavor to deliver the Additional Premises to Subtenant on or before June 30, 2009; provided, however, that so long as Sublandlord takes reasonable steps to timely vacate the Additional Premises, and without prejudice to Subtenant’s right to possession of the Additional Premises and specific performance of this Amendment, failure of Sublandlord to deliver possession of the Additional Premises to Subtenant on such date shall not be grounds for its Permitted Usestermination of this Amendment, or and such failure shall not impair the validity of this Amendment. (c) Effective as of the Additional Premises Commencement Date, Subtenant shall sublease the Additional Premises upon all of the terms and conditions of the Original Sublease, except as follows: (i) The fixed rent payable under the Sublease with respect to the Additional Premises shall be an amount equal to (A) $456,120.00 per annum ($38,010.00 per month) for the period commencing on the Additional Premises Commencement Date and ending on the day preceding the first year anniversary of the Additional Premises Commencement Date, both dates inclusive (subject, however, to the rent abatement described in Section 2(c)(iv) below), and (B) $465,242.40 per annum ($38,770.20 per month) for the period commencing on the first year anniversary of the Additional Premises Commencement Date and ending on the day preceding the second year anniversary of the Additional Premises Commencement Date, both dates inclusive, and (C) $474,547.24 per annum ($39,545.60 per month) for the period commencing on the second year anniversary of the Additional Premises Commencement Date and ending on the Sublease Expiration Date, both dates inclusive, payable at the times and in the manner specified in the Sublease for the payment of fixed rent. If the Additional Premises Commencement Date is other than the first day of a calendar month, then the fixed rent payable with respect to the Additional Premises shall be appropriately pro-rated. (ii) upon Substantial Completion The Additional Premises shall be deemed, without representation by either party, to consist of 15,204 rentable square feet for all purposes of the Sublease. (iii) Subtenant shall continue to pay all additional rent payable pursuant to the Original Sublease, including Section 1.2 thereof, except that with respect to the Additional Premises only, (A) Subtenant’s proportionate share of ‘creases in Taxes (as such term is defined in the ▇▇▇▇▇▇▇▇▇) over the Premises Base Tax Year (as such terra is hereinafter defined below) shall be deemed to be 1.05% and (B) the “Additional Premises Base Tax Year” shall be the Taxes as finally determined for the 2009/2010 tax fiscal year of New York City. (iv) Notwithstanding the foregoing, provided that the Sublease is in full force and effect and Subtenant shall not be in default beyond the expiration of any applicable notice and cure periods set forth in the Sublease of any of the improvements required terms, conditions or covenants contained in the Sublease. Subtenant’s obligation to be made by Landlordpay fixed rent in the amount of $38,010.00, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment with respect to Lease have been completed to the extent that the Additional Premises may only, shall be occupied by Tenant abated for its Permitted Usethe period commencing on the Additional Premises Commencement Date and ending thirty (30) days thereafter, subject only both dates inclusive. (d) Subtenant has inspected the Additional Premises and agrees (A) to completion accept possession of minor finishingthe Additional Premises in the “as is” condition existing on the Additional Premises Commencement Date, adjustment of equipmentit being agreed, however, that Sublandlord shall deliver the Additional Premises to Subtenant vacant (except for FF&E), broom-clean, and other minor construction aspectsin the same condition existing on the date hereof, ordinary wear and Landlord has procured a temporary tear excepted, (B) that, except as otherwise provided in the Sublease, neither Sublandlord nor Sublandlord’s agents have made any representations or permanent certificate of occupancy permitting the occupancy of warranties with respect to the Additional Premises, if required by the Premises or the Building, and (C) Sublandlord has no obligation to perform any work, supply any materials, incur any expense or make any alterations or improvements to the Additional Premises to prepare the Additional Premises for Subtenant’s occupancy, except as follows: (i) The Additional Premises shall include the furniture, fixtures and equipment set forth on the furniture plan and inventory attached hereto as Exhibit B (the “FF&E”), the cost of which shall be included in fixed rent, for the remainder of the Sublease Term. The terms and conditions of the Sublease shall apply to the FF&E, including, without limitation, the fact that the FF&E shall be delivered in its “as-is” condition. If Subtenant is not in default under the Sublease beyond the expiration of any applicable notice and cure periods, then in consideration of the fixed rent and additional rent payable under the Sublease plus the additional sum of One Dollar ($1.00), the FF&E shall become the exclusive property of Subtenant at the end of the Sublease Term. This section shall be self-operative and no further instrument of transfer or conveyance with respect to the FF&E shall be required. Sublandlord represents and warrants to Subtenant that as of the date hereof (which shall be deemed to be remade as of the Additional Premises Commencement Date), (a) the FF&E is in working order, and (b) Sublandlord owns the FF&E free and clear of all liens and other encumbrances. During the Sublease Term, Subtenant shall have the right to dispose of any unwanted FF&E as it deems appropriate, at its sole cost and expense. (ii) Sublandlord represents and warrants to Subtenant that as of the date hereof (which shall be deemed to be remade as of the Additional Premises Commencement Date), to the best of its knowledge, the Additional Premises are in compliance with all codes and regulations pursuant to any federal, state or local governmental law or regulation, including, without limitation, the American with Disabilities Act of 1992 (hereafter“Applicable Legal Requirements”): ‘provided. however. that such representation shall be no greater than Overlandlord’s representations to Sublandlord in Article 9 or any other Article or Section in that certain lease between Overlandlord and Sublandlord’s predecessor-in-interest, dated as of September 6, 1996 (as amended, the Substantial Completion▇▇▇▇▇▇▇▇▇”). Tenant understands Sublandlord agrees to deliver the Additional Premises (including the life safety systems therein) in a condition that complies with all Applicable Legal Requirements, with fully code-compliant sprinklers and acknowledges that Tenant’s fire safety equipment installed as required, and access to base-building lavatories in compliance with all Applicable Legal Requirements. (iii) Sublandlord represents and warrants to Subtenant that as of the Tele/Data requirements date hereof (which shall be deemed to be remade as set forth on Exhibit “B”of the Additional Premises Commencement Date), attached heretoto the best of its knowledge, is the Additional Premises are free of known asbestos and other hazardous materials; provided, however, that such representation shall be no greater than Overlandlord’s representations to Sublandlord in Sections 4.4 and 9.2 or any other Article or Section in the ▇▇▇▇▇▇▇▇▇. In addition, prior to the Additional Premises Commencement Date, Sublandlord shall deliver to Subtenant a prerequisite duly and properly issued copy of the ACP-5 Form issued with respect to Substantial Completion the Additional Premises. To the extent that such ACP-5 Form reveals the existence of Landlord’s Workasbestos or other hazardous materials in the Additional Premises, Sublandlord shall be responsible, at its sole cost and expense, for the prompt removal or abatement of such asbestos or other hazardous materials in full compliance with all Applicable Legal Requirements. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that In such event, the Additional Premises Commencement Date shall be delayed until the date on or about December 1, 2011. It is which Sublandlord delivers possession of the mutual intention Additional Premises to Subtenant free from all such asbestos and other hazardous materials and in compliance with all other terms and conditions of Landlord and Tenant that the Sublease. (e) Subtenant’s occupancy of any part of the Additional Premises shall be leased to and occupied by Tenant on and subject to all conclusive evidence, as against Subtenant, that (1) Subtenant has accepted possession of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Datein their then current condition, latent defects relating to or arising from existing tenant installments excepted, and (2) subject to the repair and maintenance obligations of Overlandlord under the ▇▇▇▇▇▇▇▇▇, the word “Additional Premises, the Premises and, to the best of Subtenant’s knowledge, the Building are in a good and satisfactory condition as required by this Amendment. Notwithstanding the foregoing, nothing in the Sublease shall be interpreted to release Overlandlord from liability for any latent defects in the Premises whether or not arising in connection with a tenant installation, and Sublandlord shall, at Subtenant’s sole cost and expense, take appropriate action to secure the remedy of any such latent defects or shall permit Subtenant to act in Sublandlord’s name as more particularly described in Section 7.1 of the Sublease. (f) As of the date hereof, there shall be no increase in the amount of security deposit held by Sublandlord pursuant to the Original Sublease; it being agreed that Subtenant shall continue to be entitled to a reduction in the amount of the security deposit on the second anniversary of the Sublease Commencement Date (as defined in the Lease, shall mean Original Sublease) pursuant to and include both in accordance with the Original Premises and the Additional Premises, containing a total terms of 30,617 RSF, unless the context otherwise requires.Section 1.3

Appears in 1 contract

Sources: Sublease (IntraLinks Holdings, Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth second floor of the Building (Suite 450) containing approximately 7,835 RSF four thousand two hundred thirty-four (4,234) rentable square feet of space space, known as Suite 200 (the “Additional Premises”)) to be incorporated into the Premises, all as shown on Exhibit “A”, attached hereto A-1” and made a part hereof. The term of the Lease for the Additional Premises shall commence (the “Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1(as hereafter defined). In addition, 2011effective as of the Additional Premises Commencement Date, the Lease is hereby amended by changing the Premises to exclude the Surrender Premises. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Lease, shall mean and include both the Original Existing Second Floor Premises and the Additional Premises (but excluding the Surrender Premises), containing a total of 30,617 RSFnine thousand two hundred five (9,205) rentable square feet, unless the context otherwise requires, and except as specifically provided herein. (b) The term of the Lease for the Additional Premises shall commence upon the date (“Additional Premises Commencement Date”) which is the later of (i) November 1, 2009; or (ii) the date of substantial completion of the Landlord’s Work (as hereinafter defined). The Additional Premises shall be deemed substantially completed when the Landlord’s Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Uses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises. Landlord shall use all commercially reasonable efforts to cause Landlord’s Work to endeavor to be substantially completed by December 1, 2009. (c) Landlord, at its sole cost and expense, shall construct and perform certain work to the Additional Premises outlined on Exhibit “A-1” (collectively, the “Landlord’s Work”), utilizing building standard materials and finishes unless otherwise specified. Tenant shall be solely responsible for all reasonably documented and invoiced costs and expenses (including without limitation Landlord’s construction management fees not to exceed five (5%) percent) suffered or incurred in connection with Landlord’s Work to the extent caused by any delay caused by Tenant or otherwise due to any change in the scope of the Landlord Work (including any change from building standard materials or finishes) other than those required solely by Landlord, all of which shall be paid by Tenant to Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (d) Upon substantial completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as is reasonably necessary. In addition, Landlord shall correct any latent defects of which Tenant shall give Landlord notice within a six (6) month period following the Additional Premises Commencement Date. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “B-1”. If the Additional Premises is substantially completed as required hereunder and Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted. (f) From and after the Additional Premises Commencement Date, Tenant’s Allocated Share shall be deemed to be seven and fifty-six one-hundredths (7.56%) percent (i.e., 9,205 rentable square feet of Premises/121,737 rentable square feet of Building). (g) Tenant shall remain in possession of, and the Lease shall remain in full force and effect with respect to, the Surrender Premises, until the Additional Premises Commencement Date occurs. Tenant shall surrender possession of, and redeliver to Landlord, the Surrender Premises on the Additional Premises Commencement Date in the condition required for surrender and redelivery at the expiration of the term of the Lease. In the event Tenant fails to do so, Tenant shall be deemed a holdover Tenant with respect to such Surrender Premises and Landlord shall be entitled to exercise all rights and remedies provided under the Lease or at law and in equity with respect thereto.

Appears in 1 contract

Sources: Lease (Ameriquest, Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth second floor of the Building (Suite 450) containing approximately 7,835 3,436 RSF of space (Suite 215) (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. . (b) The term of the Lease for the Additional Premises shall commence (the “Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s 's prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) substantial completion of the improvements required to be made by Landlord, Landlord to the Additional Premises under Article 32(c) below (“Additional Premises Commencement Date”). Substantial Completion completion means that the initial improvements called for by this Fourth Second Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completionsubstantial completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall will be on or about December November 1, 20112008. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseSecond Amendment, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 11,154 RSF, unless the context otherwise requires. (c) The Additional Premises shall be delivered to Tenant on an “As Is” basis except as indicated on the mutually agreed upon Plan/Construction Scope of Work entitled “SP-3”, dated July 18, 2008 and drawn by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Associates, which shall be turn-keyed by Landlord using building standard finishes (“Landlord’s Work”), and which is attached hereto, made a part hereof and marked as Exhibit “B”.

Appears in 1 contract

Sources: Lease (Cross Country Healthcare Inc)

Lease of Additional Premises. The Lease is hereby amended to provide that (A) Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth floor of the Building (Suite 450) containing approximately 7,835 RSF of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises for a term commencing on the Effective Date and ending on the Third Extended Expiration Date. (B) From and after the Effective Date, Tenant shall commence (lease the Additional Premises Commencement Date”upon all of the terms and conditions of the Lease, as modified by this Amendment. (C) on Tenant has inspected the date which is the earlier of Additional Premises and agrees (i) when Tenant, with Landlord’s prior consent, assumes to accept possession of the Additional Premises for its Permitted Usesin the “as is” condition existing on the Effective Date, or (ii) upon Substantial Completion (defined below) of the improvements required that neither Landlord nor Landlord’s agents have made any representations or warranties with respect to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipmentor the Building, and other minor construction aspects, and (iii) Landlord has procured a temporary no obligation to perform any work, supply any materials, incur any expense or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite make any alterations or improvements to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011to prepare the Additional Premises for Tenant’s occupancy. It is the mutual intention Tenant’s occupancy of Landlord and Tenant that any part of the Additional Premises shall be leased to and occupied by conclusive evidence, as against Tenant, that (1) Tenant on and subject to all has accepted possession of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Datein their then current condition, and (2) the word Additional Premises and the Building are in a good and satisfactory condition as required by this Amendment. (D) Article 42 and Article 46 of the Original Lease, Paragraph 5 of the First Amendment and Paragraph 7 of the Second Amendment shall be deemed not applicable to the leasing of the Additional Premises. (E) Except as provided in this Amendment, all references in the Lease to the Demised Premises”, as defined in “demised premises”, “premises”, “Premises” and terms of similar import shall be deemed to include the Additional Premises for all purposes of the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requires.

Appears in 1 contract

Sources: Lease Agreement (Thorne Healthtech, Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth second floor of the Building (Suite 450) containing approximately 7,835 3,305 RSF of space (Suite 225) (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. . (b) The term of the Lease for the Additional Premises shall commence (the “Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s 's prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) substantial completion of the improvements required to be made by Landlord, Landlord to the Additional Premises under Article 32(c) below (“Additional Premises Commencement Date”). Substantial Completion completion means that the initial improvements called for by this Fourth Third Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completionsubstantial completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall will be on or about December 1, 20112008. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseThird Amendment, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 14,459 RSF, unless the context otherwise requires. (c) The Additional Premises shall be delivered to Tenant on an “As Is” basis except as indicated on the mutually agreed upon Plan/Construction Scope of Work entitled “SP-2”, dated August 20, 2008 and drawn by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Associates, which shall be turn-keyed by Landlord using building standard finishes (“Landlord’s Work”), and which is attached hereto, made a part hereof and marked as Exhibit “B”. (d) Upon completion of Landlord’s Work, Landlord and Tenant shall schedule a pre-occupancy inspection of the Additional Premises, at which time a punchlist of outstanding items, if any, shall be completed. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty (30) days, or if the nature of the items requires additional time, within such additional time as is reasonable necessary. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit "C". If Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted.

Appears in 1 contract

Sources: Lease Agreement (Cross Country Healthcare Inc)

Lease of Additional Premises. The Lease is hereby amended to provide that (a) Landlord hereby demises and lets unto leases to Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth floor portions of the Building (Suite 450) containing approximately 7,835 RSF submezzanine level of space the Building, designated as Space ‘O’, Space ‘Q’, Space ‘R’, Space ‘U’, Space ‘W’, Space ‘X’, Space ‘Z’, Space ‘EE’ and Space ‘K’, all being more particularly shown on Exhibit A attached hereto (the “Additional Premises”), as shown for a term commencing on Exhibit the date (the AEffective Date) that is the later to occur of (x) the date of mutual execution and delivery of this Amendment, attached hereto and made a part hereof. The (y) the date Landlord delivers possession of all of the Additional Premises to Tenant and ending on the Initial Expiration Date, or such earlier date upon which the term of the Lease for may expire or be terminated pursuant to any of the conditions of limitation or other provisions of the Lease or pursuant to law, upon all of the terms and conditions of the Original Lease, as modified by this Amendment. Notwithstanding anything to the contrary contained herein, and provided that ▇▇▇▇▇▇ obtains the prior consent of Landlord, Tenant shall be permitted to have reasonable access to the Additional Premises shall commence prior to the Effective Date in order to inspect the same (the “Early Access Period”). All of the terms and provisions of the Lease shall apply to the Additional Premises Commencement Date”during the Early Access Period, except for the obligation to pay Fixed Rent and Additional Rent in respect of the Additional Premises. (b) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes Landlord shall deliver possession of the Additional Premises to Tenant on the Effective Date. Landlord shall not be liable for its Permitted Uses, or (ii) upon Substantial Completion (defined below) failure to deliver possession of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by or any portion thereof to Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipmenton any specified date, and other minor construction aspectssuch failure shall not impair the validity of this Amendment. The provisions of this Article are intended to constitute “an express provision to the contrary” within the meaning of Section 223-a of the New York Real Property Law or any successor Requirement, and provided that if Landlord has procured a temporary or permanent certificate fails to deliver vacant possession of occupancy permitting the occupancy all of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply Premises in good faith accordance with the terms of Exhibit this Amendment prior to May 1, 2003 (the BOutside Delivery Date), Tenant shall have the right within 10 days after the Outside Delivery Date, as its sole and exclusive remedy therefor, to cancel this Amendment by giving notice of cancellation to Landlord. It is estimated that If Tenant timely delivers the aforesaid cancellation notice, this Amendment shall terminate 15 days after the date of such notice, unless Landlord delivers vacant possession of the Additional Premises Commencement Date within such 15-day period, in which case Tenant’s cancellation notice shall be on void and this Amendment shall continue in full force and effect. Failure by Tenant to exercise such right to cancel this Amendment within the aforesaid 10-day period shall constitute a waiver of such right; time being of the essence with respect thereto. Notwithstanding anything to the contrary contained herein, Landlord shall exercise reasonable diligence (at no cost to Landlord), including exercising its right of termination pursuant to any leases or about December 1license agreements affecting the Additional Premises promptly after the date hereof, 2011to cause the existing tenants and/or occupants of the Additional Premises to vacate the same in a timely manner. It is Landlord shall give Tenant at least ten (10) days’ advance written notice of the mutual intention Effective Date. (c) Effective as of Landlord the Effective Date, Tenant shall lease the Additional Premises upon all of the terms and Tenant that conditions of the Original Lease, except as follows: (i) The Additional Premises shall be leased deemed to and occupied by Tenant on and subject to consist of 8,216 rentable square feet for all purposes of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to Lease, and to that end, Landlord and . (ii) Tenant hereby agree that from and after shall pay Fixed Rent for the Additional Premises Commencement at a rate equal to [*****] per square foot per annum for the period beginning on the Effective Date and ending on the last day of the month which is 12 months after the Effective Date. Thereafter, with respect to the Additional Premises only, Fixed Rent for each subsequent year shall increase by [*****] of the Fixed Rent in effect during the immediately preceding year. Tenant shall be permitted to include the Fixed Rent with respect to the Additional Premises as part of Fixed Rent under clause (a) (ii) of Schedule 2 of the Original Lease when calculating Percentage Rent pursuant to the Original Lease. (iii) Tenant shall pay additional rent on account of Taxes with respect to the Additional Premises pursuant to Article 8 of the Original Lease, except that, with respect to the Additional Premises only, (a) “Base Tax Year” shall mean the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 if the Effective Date occurs on or before December 31, 2002, or the Tax Year commencing on January 1, 2003 and ending on December 31, 2003 (i.e., the word second half of the Tax Year commencing on July 1, 2002 and ending on June 30, 2003 and the first half of the Tax Year commencing on July 1, 2003 and ending on June 30, 2004) if the Effective Date occurs on or after January 1, 2003, and (b) Premises”, as defined in the Lease, Tenant’s Area” shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF, unless the context otherwise requires8,216 rentable square feet.

Appears in 1 contract

Sources: Lease (MSGE Spinco, Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth first floor of the Building (Suite 450) containing approximately 7,835 RSF 2,725 square feet of space (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Additional Premises shall commence upon the substantial completion of the Landlord’s Work (the as defined in subparagraph (b) hereof) (“Additional Premises Commencement Date”) on ). The Premises shall be deemed substantially completed when the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have Work has been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted UseUses, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011. It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, end Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF7,142 square feet, unless the context otherwise requires. Notwithstanding anything herein to the contrary, (b) Landlord, at its sole cost and expense shall construct and do such other work to the Additional Premises in substantial conformity with the plans and outline specifications of the plan prepared by Space Planners, Inc. dated November 6, 2000, which have been initialed by the parties, and which are attached hereto as Exhibit “B” (collectively, the “Landlord’s Work”). Tenant shall approve final plans by November 15, 2000 and shall deliver finish specifications by December 1, 2000. (c) If Landlord shall be delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans and specifications within the time frame stated by Landlord; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within the time frame stated by Landlord (each, a “Tenant’s Delay”); then the Additional Premises Commencement Date and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay . If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant or if Tenant fails to provide information or cooperation required by Landlord in connection with Landlord’s Work within the time periods required then such occurrence shall not change the Commencement Date of the Term and shall not alter Tenant’s obligations under this Lease. Notwithstanding anything to the contrary stated in Section 2(b) above, the Term shall commence on the date the Premises would have been delivered to Tenant but for Tenant’s Delay. Tenant shall be solely responsible for all reasonably documented and invoiced expenses which increase the costs incurred in connection with a Tenant requested change in the scope of the Landlord Work (including the finishes set forth therein). (d) Upon completion of the Landlord’s Work, Landlord and Tenant shall schedule an inspection of the Additional Premises Tenant Improvements at which time a punchlist of outstanding items, if any, shall be prepared. Landlord shall use reasonable efforts to complete the items on the punchlist within thirty days, or if the nature of the items requires additional time, within such additional time as reasonably necessary. (e) The Additional Premises Commencement Date shall be confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term in the form attached hereto as Exhibit “C”. If Tenant fails to execute or object to the Confirmation of Lease Term within ten (10) business days of its delivery, Landlord’s determination of such dates shall be deemed accepted.

Appears in 1 contract

Sources: Gross Lease (Auxilium Pharmaceuticals Inc)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on in the fourth floor of the Building (Building, which is a portion Suite 450) 402 containing approximately 7,835 RSF of space 2,917 rentable square feet (the “Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term Term of the Lease for the Additional Premises shall commence (the “Additional Premises Commencement Date”) on the date which is the earlier of of: (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, ; or (ii) upon Substantial Completion (as such term is defined belowin the Original Lease) of the improvements required to be made by Landlord, under Article 3. Substantial Completion means Additional Premises Work (as such term is defined below)The Term shall expire on the last day of the calendar month that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that is seventy seven (77) months after the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Commencement Date (“Additional Premises, if required by law (hereafter, “Substantial CompletionPremises Expiration Date”). Tenant understands and acknowledges that Tenant’s compliance with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the The Additional Premises Commencement Date shall be on confirmed by Landlord and Tenant by the execution of a Confirmation of Lease Term (“COLT”) in the form attached hereto as Exhibit “B”. If Tenant fails to execute or about December 1object to the COLT within ten (10) business days after its delivery, 2011. Landlord’s determination of such dates shall be deemed accepted. (b) It is the mutual intention of Landlord and Tenant that the Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease Original Lease, except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, Landlord and Tenant hereby agree that from and after the Additional Premises Commencement Date, Date the word “Premises”, as defined in the Original Lease, shall mean and include both the Original Premises and the Additional Premises, containing a total of 30,617 RSF6,029 rentable square feet, unless the context otherwise requires. (c) Except solely as set forth in this subsection (c), Tenant shall accept the Additional Premises in its “AS IS” “WHERE IS” condition, without representation or warranty by Landlord. Landlord, at no cost to Tenant and in a good and workmanlike manner using Building standard materials and finishes, shall construct and do such other work in the Additional Premises (collectively, “Additional Premises Work”) in substantial conformity with the plans and outline specifications of the plan attached hereto as Exhibit “A” and Exhibit “C” to the Original Lease with the exception that the 16 week period for Substantial Completion shall begin with the full execution of this First Amendment. If any material revision or supplement to Additional Premises Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. If the Substantial Completion of the Additional Premises Work is delayed as a result of: (i) Tenant’s failure to furnish plans and specifications or provide any other reasonably requested information or approvals related to the furtherance of Additional Premises Work within five (5) business days following Landlord’s written request to Tenant for the same; (ii) Tenant’s request for materials, finishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans, including but not limited to any Change Order (as hereinafter defined); (iv) the performance or completion of any work, labor or services by Tenant or any party employed or engaged by or on behalf of Tenant; or (v) Tenant’s failure to approve final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant's Delay”); then the commencement of the Term of the Lease for the Additional Premises and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such Tenant Delay; provided however, that the foregoing shall not in any way relieve Landlord from its obligation to continue the Additional Premises Work to Substantial Completion. If any change, revision or supplement to the scope of the Additional Premises Work is requested by Tenant (“Change Order”) then all such increased costs associated with the Change Order shall be paid by Tenant upfront and the occurrence of the Change Order shall not change the Additional Premises Commencement Date of the Term and shall not alter Tenant's obligations under this Amendment. Notwithstanding anything to the contrary stated herein, the Term shall commence on the date the Additional Premises would have been delivered to Tenant but for Tenant’s Delay or the Change Order. After receipt of notification from Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Additional Premises at which time a punchlist of outstanding items, if any, shall be generated. Within a reasonable time thereafter, Landlord shall complete the punchlist items to Tenant’s reasonable satisfaction.

Appears in 1 contract

Sources: Lease (Paratek Pharmaceuticals, Inc.)

Lease of Additional Premises. (a) The Lease is hereby amended to provide that Landlord hereby demises and lets unto Tenant, and Tenant hereby leases and hires from Landlord, all that certain space on the fourth third floor of the Building known as Suite 320 (Suite 450320 Premises”) containing approximately 7,835 RSF of space and Suite 350 (the “Suite 350 Additional Premises”) (collectively referred to as “Second Additional Premises”), as shown on Exhibit “A”, attached hereto and made a part hereof. The term of the Lease for the Second Additional Premises shall commence on the later of (i) the date Landlord delivers the Second Additional Premises to Tenant in the condition required under Section 2(b) below, or (ii) April 1, 2013 (Second Additional Premises Commencement Date”) on the date which is the earlier of (i) when Tenant, with Landlord’s prior consent, assumes possession of the Additional Premises for its Permitted Uses, or (ii) upon Substantial Completion (defined below) of the improvements required to and shall be made by Landlord, under Article 3. Substantial Completion means that the initial improvements called for by this Fourth Amendment to Lease have been completed to the extent that the Additional Premises may be occupied by Tenant for its Permitted Use, subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects, and Landlord has procured a temporary or permanent certificate of occupancy permitting the occupancy of the Additional Premises, if required by law (hereafter, “Substantial Completion”). Tenant understands and acknowledges that Tenant’s compliance coterminous with the Tele/Data requirements as set forth on Exhibit “B”, attached hereto, is a prerequisite to Substantial Completion of Landlord’s Work. Tenant covenants that it will comply in good faith with the terms of Exhibit “B”. It is estimated that the Additional Premises Commencement Date shall be on or about December 1, 2011Premises. It is the mutual intention of Landlord and Tenant that the Second Additional Premises shall be leased to and occupied by Tenant on and subject to all of the terms, covenants and conditions of the Lease except as otherwise expressly provided to the contrary in this Fourth Amendment to LeaseAmendment, and to that end, Landlord and Tenant hereby agree that from and after the Second Additional Premises Commencement Date, the word “Premises”, as defined in the Lease, shall mean and include both the Original Premises ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇ ▇▇▇ and the Additional Premises, Suite 501 containing a total of 30,617 RSF61,350 rsf, unless the context otherwise requires. (b) The Second Additional Premises shall be taken in “AS IS” condition by Tenant, provided that Landlord delivers the Second Additional Premises to Tenant on or before the Second Additional Premises Commencement Date in broom clean condition, free of all prior tenants and such tenants’ furniture, fixtures, equipment and other personal property with the exception of the furniture and equipment in the Suite 320 Premises that is owned or currently used by Tenant and the furniture and equipment that will remain in Suite 350 (except that Landlord shall cause the equipment set forth In Exhibit “C” attached hereto to be removed from the Suite 350 Additional Premises prior to the Second Additional Premises Commencement Date) and with all HVAC, plumbing, electrical, mechanical and other Building systems, including the generator located outside, serving the Second Additional Premises in good working order. During the Term, Tenant shall have the right to use the furniture and equipment in Suite 350, and shall keep the furniture and equipment in Suite 350 in good working order, normal wear and tear excepted and return to Landlord if Tenant vacates and surrender the space within five (5) years from the date hereof, otherwise, such equipment and furniture shall be the property of Tenant, without any further actions by the parties and Tenant shall be responsible for the removal of same in accordance with the terms of the Lease. (c) In the event this Fourth Amendment is fully executed no later than March 22, 2013 and the Second Additional Premises Commencement Date has not occurred by April 1, 2013 (unless due to a Tenant Delay), Tenant shall have the right to terminate this Fourth Amendment upon five (5) days’ prior written notice to Landlord given prior to the Second Additional Premises Commencement Date, in which event the parties hereto shall be released from all further liability under this Fourth Amendment and the Lease shall continue in full force and effect; provided, however, in the event the Second Additional Premises Commencement Date occurs within such five (5) day period, Tenant’s termination shall be null and void and this Fourth Amendment shall remain in full force and effect.

Appears in 1 contract

Sources: Full Service Lease (JGWPT Holdings Inc.)