Lease of First Offer Space. If Tenant timely exercises Tenant’s right to lease the First Offer Space as set forth herein, Landlord and Tenant shall execute an amendment to this Lease (the “First Offer Amendment”) for such First Offer Space upon the terms and conditions as set forth in the First Offer Notice therefor and this Section 1.4. The rentable square footage of any First Offer Space leased by Tenant shall be as set forth in the First Offer Notice which shall have been determined by Landlord in accordance with Landlord’s then current standard of measurement for the Building. Tenant shall commence payment of rent for the First Offer Space, and the term of the First Offer Space shall commence (the “First Offer Commencement Date”) on the date which is the earlier to occur of (i) the date Tenant first commences to conduct business in the First Offer Space, and (ii) the date that is one hundred twenty (120) days following the date Landlord delivers the First Offer Space to Tenant (such 120-day period to be referred to herein as the “Stipulated First Offer Build-Out Period”), and shall terminate on the date provided in the First Offer Notice as the end of the offered lease term. The foregoing Stipulated Build-Out Period shall (a) subject to mutually and reasonably agreed upon commercially reasonable terms to be set forth in the First Offer Amendment, be subject to extension on a day-for-day basis to the extent of any actual delays in the substantial completion of the tenant improvements in the First Offer Space resulting from “Force Majeure”, as defined in Section 29.16, below, and delays caused by Landlord, and (b) be a consideration in the determination of the First Offer Rent.
Appears in 2 contracts
Sources: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)
Lease of First Offer Space. 1. If Tenant timely exercises Tenant’s its right to lease the First Offer Space as set forth hereinSpace, then Landlord and Tenant shall execute enter into an amendment to this Lease (for the “First Offer Amendment”) for such First Offer Space upon on all of the terms and conditions as set forth in of this Lease, provided that (a) the Minimum Rent for the First Offer Notice therefor and this Section 1.4. The rentable square footage of any First Offer Space leased by Tenant shall be as set forth in the First Offer Notice which Offering Notice, (b) Tenant’s Share shall have been determined by Landlord in accordance with Landlord’s then current standard be adjusted to reflect the addition of measurement for the Building. Tenant shall commence payment of rent for the First Offer Space, and (c) except as specified in the term Offering Notice (which shall govern to the extent of any conflict with this Lease), the First Offer Space shall commence (be delivered in its then existing “as is” condition, without obligation on the “part of Landlord to make any repairs or construct any improvements to the First Offer Commencement Date”) on Space in connection with Tena▇▇’▇ contemplated use, or to demolish existing improvements therein, and Tenant shall be responsible for the date which is construction and installation in accordance with the earlier provisions of Section 9.03 above of any tenant improvements it desires to occur of (i) the date Tenant first commences to conduct business in install within the First Offer Space, at Tenant’s sole cost and expense, and (iid) all other terms of the Offering Notice shall be incorporated. Except as may be specified in the Offering Notice, Tenant shall commence paying Minimum Rent and all Additional Rent with respect to the First Offer Space on the date that is one hundred twenty (120) days following the date Landlord delivers of delivery of the First Offer Space to Tenant (such 120-day period to be referred to herein as the “Stipulated First Offer Build-Out Period”), and shall terminate on the date provided in the First Offer Notice as condition required pursuant to the end terms of the offered Offering Notice if other than “as is” as provided above in clause (c) above. Landlord shall promptly prepare and Landlord and Tenant shall promptly execute an amendment to lease termreflecting the terms of this Section 17.27.D.
2. The foregoing Stipulated Build-Out Period shall If Tena▇▇ (a▇) subject fails to mutually and reasonably agreed upon commercially reasonable terms timely notify Landlord that it wishes to be set forth in the First Offer Amendment, be subject to extension on a day-for-day basis to the extent of any actual delays in the substantial completion of the tenant improvements in lease the First Offer Space resulting from “Force Majeure”identified in any Offering Notice, as defined in Section 29.16, below, and delays caused by Landlord, and or (b) be a consideration in fails to execute and deliver to Landlord the determination of the First Offer Rent.50
Appears in 1 contract
Sources: Office Lease Agreement (Calix, Inc)
Lease of First Offer Space. If Tenant timely exercises Tenant’s 's right to lease the First Offer Space as set forth herein, Landlord and Tenant shall execute an amendment to this Lease (the “"First Offer Amendment”") for such First Offer Space upon the terms and conditions as set forth in the First Offer Notice therefor and this Section 1.4. The rentable square footage of any First Offer Space leased by Tenant shall be as set forth in the First Offer Notice which shall have been determined by Landlord in accordance with Landlord’s 's then current standard of measurement for the Building. Tenant shall commence payment of rent for the First Offer Space, and the term of the First Offer Space shall commence (the “"First Offer Commencement Date”") on the date which is the earlier to occur of (i) the date Tenant first commences to conduct business in the First Offer Space, and (ii) the date that is one hundred twenty (120) days following the date Landlord delivers the First Offer Space to Tenant (such 120-day period to be referred to herein as the “"Stipulated First Offer Build-Out Period”"), and shall terminate on the date provided in the First Offer Notice as the end of the offered lease term. The foregoing Stipulated Build-Out Period shall (a) subject to mutually and reasonably agreed upon commercially reasonable terms to be set forth in the First Offer Amendment, be subject to extension on a day-for-day basis to the extent of any actual delays in the substantial completion of the tenant improvements in the First Offer Space resulting from “"Force Majeure”", as defined in Section 29.16, below, and delays caused by Landlord, and (b) be a consideration in the determination of the First Offer Rent.. 6 TWO CIRCLE STAR WAY(Single-Tenant Lease Form)[Rovi Corporation]
Appears in 1 contract
Sources: Lease Agreement (Rovi Corp)