Common use of Modification of Premises Clause in Contracts

Modification of Premises. 2.1. Effective as of the date Landlord tenders possession of the Fifth Expansion Premises to Tenant in the condition required by this Seventh Amendment (such date, the “Fifth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fifth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fifth Expansion Premises and the Fifth Expansion Premises is in the condition required by this Seventh Amendment, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fifth Expansion Premises to Tenant on the Fifth Expansion Commencement Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the Fifth Expansion Commencement Date shall be extended by one day for each day after the Fifth Expansion Commencement Date until Landlord tenders possession of the Fifth Expansion Premises to Tenant. Effective upon the Fifth Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Expansion Premises to the Existing Premises shall, effective as of the Fifth Expansion Commencement Date, increase the size of the Premises to approximately 233,065 RSF. The Existing Premises and the Fifth Expansion Premises may hereinafter collectively be referred to as the “Premises.” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 800 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, the 500 Building, and the 600 Building when the context applies to each of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporation, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior Tenant shall have vacated and surrendered the Fifth Expansion Premises to Landlord, (c) Prior Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties thereto.

Appears in 1 contract

Sources: Lease (Revolution Medicines, Inc.)

Modification of Premises. 2.1. Effective as of the date which is six (6) months following the later of (a) July 1, 2020 and (b) the date upon which Landlord tenders possession delivers all of the Fifth Third Expansion Premises to Tenant in the condition required by this Seventh Third Amendment (such date, the “Fifth "Third Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Third Expansion Premises. Landlord anticipates delivering and shall be deemed use commercially reasonable efforts to have tendered deliver possession of the Fifth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fifth Expansion Premises and the Fifth Expansion Premises is in the condition required by this Seventh Amendment, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fifth Third Expansion Premises to Tenant on the Fifth Expansion Commencement Dateor about July 1, Landlord shall not be subject to any liability for such failure2020. Consequently, and the validity of this Lease shall not be impaired, but the Fifth Expansion Commencement Date shall be extended by one day for each day after the Fifth Expansion Commencement Date until Landlord tenders possession of the Fifth Expansion Premises to Tenant. Effective effective upon the Fifth Third Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Third Expansion Premises. Landlord and Tenant hereby acknowledge that notwithstanding any provision to the contrary contained in the Lease, such addition of the Fifth Third Expansion Premises to the Existing Premises shall, effective as of the Fifth Third Expansion Commencement Date, increase the size of the Premises to approximately 233,065 RSF106,414 rentable square feet. The Existing Premises and the Fifth Third Expansion Premises may hereinafter collectively be referred to as the "Premises.” All ". Effective as of the Third Expansion Commencement Date, all references in the Lease, as amended, to the Building shall mean (i) the 700 Building E when the context applies to the 700 Building E or any portion of the Premises located in the 700 BuildingBuilding E, (ii) the 300 Building J when the context applies to the 300 Building J or any portion of the Premises located in the 300 BuildingBuilding J, (iii) the 800 Building F when the context applies to the 800 Building F or any portion of the Premises located in the 800 BuildingBuilding F, and (iv) the 900 each of Building E, Building J and Building F when the context applies to all of such buildings; provided; however, if casualty damage affects only one Building, the 900 Building or any termination rights of the parties under Article 11 of the Original Lease shall apply only to the portion of the Premises located in such Building (in which event the rent, security deposit and other amounts herein related to square footage and the definition of "Building" shall be correspondingly revised) and after the expiration of the Lease Term as to the Existing Premises, the Building shall mean only Building F and the Premises shall mean only the Third Expansion Premises. Notwithstanding the foregoing, if Landlord has not delivered possession of the Third Expansion Premises in the 900 Building“Delivery Condition” (as that term is defined in Section 1 of Exhibit B), (v) the 500 Building when the context applies to the 500 Building on or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, the 500 Building, and the 600 Building when the context applies to each of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, before (a) Landlord’s existing lease October 1, 2020, then, as Tenant's sole remedy for such delay, other than the Fifth right to specific performance, the date Tenant is otherwise obligated to commence payment of rent as to the Third Expansion Premises with Synthego CorporationSpace shall be delayed by one (1) day for each two (2) days that the delivery date is delayed beyond such date, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior January 1, 2021, then Tenant shall also have vacated and surrendered the Fifth Expansion Premises right to terminate this Third Amendment by written notice thereof to Landlord, (c) Prior whereupon any monies previously paid or deliveries previously made by Tenant to Landlord under this Third Amendment shall be promptly returned to Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), which dates shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant be extended to the terms extent of the Lease, any delays in a form mutually and reasonably agreed upon delivery of possession caused by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh AmendmentTenant delays, or (b) Tenant and Sublessee events of Force Majeure (which Force Majeure delays shall have fully executed not exceed ninety (90) days in the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties theretoaggregate).

Appears in 1 contract

Sources: Lease (Arcus Biosciences, Inc.)

Modification of Premises. 2.1. Effective as of the date Landlord tenders possession later to occur of (i) January 1, 2024, and (ii) the Fifth Expansion Premises to Tenant in the condition required by this Seventh Amendment “Possession Date” (defined below) (such date, the “Fifth "Third Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Third Expansion Premises. Landlord shall be deemed to have tendered possession of the Fifth Third Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fifth Third Expansion Premises and (the Fifth Expansion Premises is in the condition required by this Seventh Amendment"Possession Date"), and no action by Tenant shall be required therefor. If, If for any reason, Landlord is delayed in tendering possession of the Fifth Third Expansion Premises to Tenant on the Fifth Expansion Commencement Dateby any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but Tenant shall not be obligated to pay Rent until the Fifth Expansion Commencement Possession Date shall be extended by one day for each day after the Fifth Expansion Commencement Date until Landlord tenders possession of the Fifth Expansion Premises to Tenantoccurs. Effective Consequently, effective upon the Fifth Third Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Third Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Third Expansion Premises to the Existing Premises shall, effective as of the Fifth Third Expansion Commencement Date, increase the size of the Premises to approximately 233,065 142,811 RSF. The Existing Premises and the Fifth Third Expansion Premises may hereinafter collectively be referred to as the "Premises." All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 800 700 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, and (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, the 800 Building, Building and the 900 Building, the 500 Building, and the 600 Building when the context applies to each of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporation, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior Tenant shall have vacated and surrendered the Fifth Expansion Premises to Landlord, (c) Prior Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties thereto.

Appears in 1 contract

Sources: Lease (Revolution Medicines, Inc.)

Modification of Premises. 2.1. Effective as of April 1, 2022 (the date Landlord tenders possession of the Fifth Expansion Premises to Tenant in the condition required by this Seventh Amendment (such date, the “Fifth "Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Expansion Premises. Landlord shall be deemed to have tendered possession of the Fifth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fifth Expansion Premises and (the Fifth "Expansion Premises is in the condition required by this Seventh AmendmentPossession Date"), and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fifth Expansion Premises to Tenant on the Fifth Expansion Commencement Date, Landlord shall use commercially reasonable efforts to cause the Expansion Possession Date to occur on December 1, 2021. If Landlord does not be subject cause the Expansion Possession Date to any liability for such failureoccur by January 1, and 2022 (the validity of this Lease shall not be impaired“Abatement Outside Date”), but the Fifth Expansion Commencement which Abatement Outside Date shall be extended by one day for each day of delay or delays to the extent caused by (a) Force Majeure Events (as defined in the Lease, and modified hereinbelow), and (b) any delays actually caused by Tenant. Tenant shall receive one day of abatement, with respect to the Expansion Premises only, for each day of the "Delayed Delivery Period" (defined below). For purposes of this Second Amendment, "Delayed Delivery Period" shall mean each day after the Fifth Expansion Commencement Abatement Outside Date until Landlord tenders possession the Expansion Possession Date occurs (after deducting the number of the Fifth Expansion Premises to Tenantdays of tenant delays and/or delays arising from events of Force Majeure, if any). Effective Consequently, effective upon the Fifth Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Expansion Premises to the Existing Premises shall, effective as of the Fifth Expansion Commencement Date, increase the size of the Premises to approximately 233,065 RSF29,732 rentable square feet. The Existing Premises and the Fifth Expansion Premises may hereinafter collectively be referred to as the "Premises." In connection with the Expansion Premises, Tenant shall be entitled all utilities, facilities, services (including services related to maintenance, repair and restoration) as are provided under the Lease amended hereby including, but not limited to, the utilities, facilities and services provided under Articles 8, 11, Section 12.2 and Section 12.3, and the terms of Articles 14 and 15 shall apply to Tenant’s lease of the Expansion Premises. All references in the Lease, as amended, to the Building shall mean (i) the 700 Existing Building when the context applies to the 700 Existing Building or any portion of the Premises (i.e., the Existing Premises) located in the 700 Existing Building, (ii) the 300 Expansion Building when the context applies to the 300 Expansion Building or any portion of the Premises (i.e., the Expansion Premises) located in the 300 Expansion Building, and (iii) both the 800 Existing Building and the Expansion Building when the context applies to the 800 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, the 500 Building, and the 600 Building when the context applies to each both of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporation, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior Tenant shall have vacated and surrendered the Fifth Expansion Premises to Landlord, (c) Prior Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties thereto.

Appears in 1 contract

Sources: Lease Agreement (Vaxart, Inc.)

Modification of Premises. 2.1. Effective as of November 7, 2021 (the date Landlord tenders possession of the Fifth Expansion Premises to Tenant in the condition required by this Seventh Amendment (such date, the “Fifth "Second Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Second Expansion Premises. Landlord shall be deemed to have tendered possession of the Fifth Second Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fifth Second Expansion Premises and (the Fifth Expansion Premises is in the condition required by this Seventh Amendment"Possession Date"), and no action by Tenant shall be required therefor. If, If for any reason, Landlord is delayed in tendering possession of the Fifth Second Expansion Premises to Tenant on the Fifth Expansion Commencement Dateby any particular date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but Tenant shall not be obligated to pay Rent until the Fifth Expansion Commencement Possession Date shall be extended by one day for each day after the Fifth Expansion Commencement Date until Landlord tenders possession of the Fifth Expansion Premises to Tenantoccurs. Effective Consequently, effective upon the Fifth Second Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Second Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Second Expansion Premises to the Existing Premises shall, effective as of the Fifth Second Expansion Commencement Date, increase the size of the Premises to approximately 233,065 102,844 RSF. The Existing Premises and the Fifth Second Expansion Premises may hereinafter collectively be referred to as the "Premises." All references in the Lease, as amended, to the Building shall mean mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 800 700 Building or any portion of the Premises located in the 800 Building, and (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, Building and the 800 Building, the 900 Building, the 500 Building, and the 600 Building when the context applies to each of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporation, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior Tenant shall have vacated and surrendered the Fifth Expansion Premises to Landlord, (c) Prior Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties thereto.

Appears in 1 contract

Sources: Lease (Revolution Medicines, Inc.)

Modification of Premises. 2.1. Effective as Tenant shall have the right to increase or decrease the size of the date Landlord tenders possession Premises described in the Basic Lease Information and shown on the attached Exhibit A, provided the specific configuration of the Fifth Expansion modified Premises to Tenant in the condition required by this Seventh Amendment (such date, the “Fifth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Expansion Premises. Landlord shall be deemed subject to have tendered possession of the Fifth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fifth Expansion Premises and the Fifth Expansion Premises is in the condition required by this Seventh AmendmentLandlord’s approval, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fifth Expansion Premises to Tenant on the Fifth Expansion Commencement Date, Landlord which shall not be subject to any liability for such failureunreasonably withheld, and such modification shall be made in accordance with the validity terms and conditions of this Lease shall not be impaired, but the Fifth Expansion Commencement Date shall be extended by one day for each day after the Fifth Expansion Commencement Date until Landlord tenders possession of the Fifth Expansion Premises Section 2.2. If Tenant desires to Tenant. Effective upon the Fifth Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Expansion Premises to the Existing Premises shall, effective as of the Fifth Expansion Commencement Date, increase the size of the Second Floor Premises or the Fourth Floor Premises, or to approximately 233,065 RSF. The Existing Premises and decrease the Fifth Expansion Premises may hereinafter collectively be referred to as size of the Second Floor Premises, the Third Floor Premises, or the Fourth Floor Premises, Tenant shall provide Landlord with written notice of such election (the “Premises Modification Notice”) not later than sixty (60) days after the full execution of this Lease by Landlord and Tenant (the “Premises Modification Notice Deadline”), which Premises Modification Notice shall include a depiction of the desired configuration of the modified Premises.” All references in . Tenant’s right to modify the Lease, as amended, Premises is subject to the Building shall mean following terms and conditions: (i) the 700 Building when the context applies to the 700 Building or any portion total Rentable Area of the Premises located in the 700 Buildingfollowing such modification shall not be less than 92,000 rentable square feet, (ii) the 300 Building when the context applies Second Floor Premises may be increased to the 300 Building include part or any portion all of the Premises located in area labeled “Initial Expansion Area” on attached Exhibit A (the 300 Building“Initial Expansion Area”), (iii) the 800 Building when configuration of each increment of the context applies Premises must be permitted by applicable laws regarding exiting, (iv) space included in the Premises on each floor shall be reasonably contiguous, (v) if Tenant leases a portion of the Initial Expansion Area, the balance of the Initial Expansion Area not leased by Tenant, taken together with the balance of the then-unleased space on the floor, shall in Landlord’s reasonable judgment be readily leaseable for general office purposes with legal exiting and access to the 800 Building or any restrooms and elevators, and (vi) if Tenant surrenders a portion of the Premises located on any floor, the space so surrendered, taken together with the balance of the then-unleased space on the floor, shall in Landlord’s reasonable judgment be readily leaseable for general office purposes with legal exiting and access to restrooms and elevators. Landlord may consider such factors as Landlord reasonably deems relevant in determining whether space is readily leaseable for general office purposes, including, without limitation, whether it is less than 2,000 feet, is of an unusual configuration, or consists entirely of interior space (i.e., without windows). If Landlord disapproves of Tenant’s proposed configuration of the Premises as depicted in the 800 BuildingPremises Modification Notice, Landlord shall provide Tenant with written notice of such disapproval, and Landlord and Tenant shall cooperate in good faith to identify a configuration which is acceptable to both Landlord and Tenant. Upon Landlord’s approval of Tenant’s desired modification of the Premises, Landlord and Tenant shall execute an amendment to this Lease, which amendment shall (i) modify the description of the Second Floor Premises, Third Floor Premises, or Fourth Floor Premises, as applicable, (ii) confirm the Rentable Area of the Premises as so modified, as reasonably determined by Landlord in accordance with BOMA (ANSI Z65.1-1996), using the Approved Load Factors established pursuant to Section 1.18 above, (iii) confirm Tenant’s Percentage Share based on the modified Rentable Area of the Premises, (iv) replace Exhibit A to this Lease with a substitute exhibit depicting the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Buildingmodified Premises, (v) state the 500 Building when Base Rent payable by Tenant under this Lease and the context applies Improvement Allowance payable by Landlord pursuant to the 500 Building or any portion Work Letter, based on the Rentable Area of the Premises located in the 500 Buildingmodified Premises, and (vi) confirm the 600 Building when the context applies to the 600 Building or any portion recalculated amount of the Security Deposit pursuant to Section 4.7 below. If Tenant does not deliver the Premises located in Modification Notice by the 600 BuildingPremises Modification Notice Deadline, and (vii) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, the 500 Building, and the 600 Building when the context applies to each of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporation, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior Tenant shall have vacated and surrendered no further rights under this Section 2.2. If Tenant desires to verify the Fifth Expansion Premises to Landlordusable square footage of the modified Premises, (c) Prior Tenant shall cause Tenant’s existing sublease architect to verify the measurement of the usable square footage of the modified Premises within thirty (30) days after Landlord provides Tenant with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, calculation thereof. Landlord and (d) Tenant shall have entered into a new sublease with Sublessee (use good faith efforts to resolve any dispute regarding the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms calculation of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (usable square footage of the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties theretoPremises.

Appears in 1 contract

Sources: Lease Agreement (Advent Software Inc /De/)

Modification of Premises. 2.1. Effective as of the date Landlord tenders possession of the Fifth Expansion Premises to Tenant in the condition required by this Seventh Amendment Possession Date (defined below) (such date, date is also the “Fifth "Expansion Commencement Date”), ") Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Expansion Premises. Landlord shall be deemed to have tendered The date of Landlord's tendering of possession of the Fifth Expansion Premises to Tenant upon following the date that Landlord provides Tenant with a key or access card to Substantial Completion of the Fifth Expansion Premises and the Fifth Expansion Premises is Improvements (as defined in the condition required by this Seventh Amendment, and no action by Tenant Work Letter) shall be required thereforthe "Expansion Possession Date". If, If for any reason, Landlord is delayed in tendering possession of the Fifth Expansion Premises to Tenant by any particular date (including, without limitation, on account of any present tenant or occupant of the Fifth Expansion Commencement DatePremises not vacating the Premises), Landlord shall not be subject to any liability Losses for such failure, and the validity of this the Lease shall not be impaired. Consequently, but the Fifth Expansion Commencement Date shall be extended by one day for each day after the Fifth Expansion Commencement Date until Landlord tenders possession of the Fifth Expansion Premises to Tenant. Effective effective upon the Fifth Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Expansion Premises to the Existing Premises shall, effective as of the Fifth Expansion Commencement Date, increase the size of the Premises to approximately 233,065 RSF110,082 rentable (and usable) square feet. The Existing Premises and the Fifth Expansion Premises may hereinafter collectively be referred to as the "Premises.” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 800 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, the 500 Building, and the 600 Building when the context applies to each of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporation, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior Tenant shall have vacated and surrendered the Fifth Expansion Premises to Landlord, (c) Prior Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties thereto."

Appears in 1 contract

Sources: Office Lease (DermTech, Inc.)

Modification of Premises. 2.1. Effective as of the date Landlord tenders possession of the Fifth Expansion Premises to Tenant in the condition required by this Seventh Amendment March 1, 2015 (such date, the “Fifth Expansion Commencement Date”), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Expansion Premises. Landlord shall be deemed to have tendered possession of ; provided, however, that the Fifth Expansion Premises to Tenant upon the date that Landlord provides Tenant with a key or access card to the Fifth Expansion Premises and the Fifth Expansion Premises is in the condition required by this Seventh Amendment, and no action by Tenant shall be required therefor. If, for any reason, Landlord is delayed in tendering possession of the Fifth Expansion Premises to Tenant on the Fifth Expansion Commencement Date, Landlord shall not be subject to any liability for such failure, and the validity of this Lease shall not be impaired, but the Fifth Expansion Commencement Date shall be extended by one on a day-for-day basis for each day after January 1, 2015 that the Fifth Expansion Commencement Date until Landlord tenders possession existing tenant of the Fifth Expansion Premises (the “Existing Tenant”) fails to complete the full surrender and vacation of the Expansion Premises until such day as the Existing Tenant surrenders and vacates the Expansion Premises to TenantLandlord (such full surrender and vacation to include the removal of all furniture and personal property and delivery to Tenant of copies of environmental decommissioning and sign-off letters from all relevant state and local environmental agencies) (the “Vacation Date”). Effective Consequently, effective upon the Fifth Expansion Commencement Date, the Existing Expansion Premises shall be increased added to include the Fifth Existing Premises. The Existing Premises and the Expansion Premises may hereinafter collectively be referred to as the “Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Expansion Premises to the Existing Premises shall, effective as of the Fifth Expansion Commencement Date, increase the size of the result in Premises equal to approximately 233,065 RSF. The Existing Premises and the Fifth Expansion Premises may hereinafter collectively be referred to as the “Premises.” All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, (iii) the 800 Building when the context applies to the 800 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, the 500 Building81,235 rentable square feet, and the 600 Building when Premises shall comprise the context applies entirety of the Building. Landlord anticipates that the Vacation Date shall occur on or before January 1, 2015. Landlord shall have no liability to each Tenant for any damages resulting from any delay in the Vacation Date as a result of such buildings. 2.2. As a condition precedent Existing Tenant’s failure to vacate and surrender the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporationor any part thereof, a Delaware corporation (“Prior Tenant”)provided that if Landlord has not delivered possession of the Expansion Premises to Tenant free and clear of the Existing Tenant on or before March 1, shall have either expired or have been terminated2015, (b) Prior Tenant shall have vacated the right to terminate this First Amendment by written notice (the “Termination Notice”) to Landlord on or before March 15, 2015; provided further, that if Tenant delivers a Termination Notice to Landlord, then Landlord shall have the right to suspend the occurrence of the termination of this First Amendment until April 1, 2015 by delivering written notice to Tenant, within ten (10) days following Landlord’s receipt of the Termination Notice, that, in Landlord’s reasonable, good faith judgment, the Existing Tenant will vacate and surrendered surrender the Fifth Expansion Premises to LandlordLandlord on or before April 1, (c) Prior Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee 2015 (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent AgreementTermination Extension Notice”). As a condition precedent If the Existing Tenant vacates and surrenders the Expansion Premises to Landlord on or before April 1, 2015, then the effectiveness Termination Notice shall be of no force or effect, but if such vacation and surrender does not occur on or before April 1, 2015, then this Seventh First Amendment for Tenant’s benefit onlyshall terminate on April 1, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties thereto2015.

Appears in 1 contract

Sources: Lease (Five Prime Therapeutics Inc)

Modification of Premises. 2.1. Effective as of December 15, 2020 (the date Landlord tenders possession of the Fifth Expansion Premises to Tenant in the condition required by this Seventh Amendment (such date, the “Fifth "Expansion Commencement Date"), Tenant shall lease from Landlord and Landlord shall lease to Tenant the Fifth Expansion Premises. Landlord shall Tenant hereby acknowledges that Tenant will be deemed to have tendered in possession of the Fifth Expansion Premises prior to the Expansion Commencement Date through an assignment agreement of the existing lease agreement between the existing tenant, AtriCure, Inc., a Delaware corporation, and Landlord (the "Existing Lease"). The Existing Lease is scheduled to expire on December 14, 2020, and accordingly, Landlord shall have no affirmative obligation to deliver the Expansion Premises to Tenant, Tenant upon shall have no affirmative surrender or restoration obligations under the date that Landlord provides Tenant with a key or access card to the Fifth Expansion Premises and the Fifth Expansion Premises is in the condition required by this Seventh AmendmentExisting Lease, including Sections 5.3.3, 5.3.4, 8.2, and no action by Tenant shall be required therefor. If23.1 and Articles 15 and 22, for any reason, Landlord is delayed in tendering and Tenant’s continued possession of the Fifth Expansion Premises shall in no way be deemed a holdover under the Existing Lease. Notwithstanding the foregoing, Landlord agrees to Tenant on return Tenant’s security deposit under the Fifth Existing Lease in the amount of $79,880 within thirty (30) days of the Expansion Commencement Date, Landlord shall not be subject to any liability for regardless of the condition or state of the Expansion ./ -/// [Revolution Medicines, Inc.] Premises at such failure, and the validity of this Lease shall not be impaired, but the Fifth Expansion Commencement Date shall be extended by one day for each day after the Fifth Expansion Commencement Date until Landlord tenders time. The date upon which Tenant takes possession of the Fifth Expansion Premises to Tenant. Effective under the Existing Lease shall be the "Expansion Possession Date." Consequently, effective upon the Fifth Expansion Commencement Date, the Existing Premises shall be increased to include the Fifth Expansion Premises. Landlord and Tenant hereby acknowledge that such addition of the Fifth Expansion Premises to the Existing Premises shall, effective as of the Fifth Expansion Commencement Date, increase the size of the Premises to approximately 233,065 61,399 RSF. The Existing Premises and the Fifth Expansion Premises may hereinafter collectively be referred to as the "Premises.". All references in the Lease, as amended, to the Building shall mean (i) the 700 Building when the context applies to the 700 Building or any portion of the Premises located in the 700 Building, (ii) the 300 Building when the context applies to the 300 Building or any portion of the Premises located in the 300 Building, and (iii) both the 800 700 Building and the 300 Building when the context applies to the 800 Building or any portion of the Premises located in the 800 Building, (iv) the 900 Building when the context applies to the 900 Building or any portion of the Premises located in the 900 Building, (v) the 500 Building when the context applies to the 500 Building or any portion of the Premises located in the 500 Building, (vi) the 600 Building when the context applies to the 600 Building or any portion of the Premises located in the 600 Building, and (vii) each of the 700 Building, the 300 Building, the 800 Building, the 900 Building, the 500 Building, and the 600 Building when the context applies to each both of such buildings. 2.2. As a condition precedent to the effectiveness of this Seventh Amendment for Landlord’s benefit only, (a) Landlord’s existing lease for the Fifth Expansion Premises with Synthego Corporation, a Delaware corporation (“Prior Tenant”), shall have either expired or have been terminated, (b) Prior Tenant shall have vacated and surrendered the Fifth Expansion Premises to Landlord, (c) Prior Tenant’s existing sublease with EditCo Bio, Inc., a Delaware corporation (“Sublessee”), shall have either expired or have been terminated to Landlord’s satisfaction, and (d) Tenant shall have entered into a new sublease with Sublessee (the “New Sublease”) in a form mutually and reasonably agreed upon by Landlord, Tenant and Sublessee, provided Tenant shall have obtained Landlord’s prior written consent of such New Sublease pursuant to the terms of the Lease, in a form mutually and reasonably agreed upon by Landlord, T▇▇▇▇▇ and Sublessee (the “Landlord Consent Agreement”). As a condition precedent to the effectiveness of this Seventh Amendment for Tenant’s benefit only, (a) Landlord shall have executed this Seventh Amendment, (b) Tenant and Sublessee shall have fully executed the New Sublease, and (c) the Landlord Consent Agreement shall have been executed by all parties thereto.

Appears in 1 contract

Sources: Lease (Revolution Medicines, Inc.)