Option to Expand. Landlord hereby grants Tenant the option to expand the Premises by including an additional square feet of contiguous Rentable Area as outlined in blue on Exhibit D ("Option Space") to the Premises to be effective no later than of the Lease Term; provided, however, that Tenant exercises the option to expand by written notice delivered by Tenant to Landlord no later than of the Lease Term. Upon Tenant's exercise of the option and occupancy of the Option Space, the Option Space or part of it shall be included within the Premises and leased to Tenant pursuant to the provisions of this Lease, including, without limitation, the provisions relating to the rights and obligations of the parties with respect to alterations. Rent for the Option Space shall be the Rent in effect under this Lease at the commencement of Tenant's occupancy of the Option Space. The rent payable under this Lease shall be increased by the amount of rent attributable to the Option Space or part of it that is leased by Tenant. The parties shall immediately execute an amendment to this Lease stating the addition of the Option Space or part of it to the Premises. Upon receipt of Tenant's notice to exercise the option, Landlord shall design and construct such space in accordance with the terms set forth in Exhibit E. Tenant shall be entitled to a tenant improvement allowance of per square foot of Rentable Area for the Option Space.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Option to Expand. Tenant shall have the right, by written notice to Landlord hereby grants Tenant on or before March 1, 1999, time being of the option essence, to expand the Premises by including an additional lease approximately 8,000 rentable square feet of contiguous Rentable Area space on the second floor of the Building, shown as outlined in blue the Expansion Space on Exhibit D ("Option Space") B-1 attached to the Premises to be effective no later than of the Lease Term; provided, however, that Tenant exercises the option to expand by written notice delivered by Tenant to Landlord no later than of the Lease Term. Upon Tenant's exercise of the option and occupancy of the Option Space, the Option Space or part of it shall be included within the Premises and leased to Tenant pursuant to the provisions of this Lease, includingfor occupancy on or about September 1, without limitation1999 (the "Delivery Date"). If Tenant timely exercises its right to lease the Expansion Space, the provisions relating to the rights and obligations of the parties with respect to alterations. Rent for the Option such Expansion Space shall be incorporated into the Premises on the terms and conditions set forth in this Lease, except that (i) the Annual Fixed Rent shall be equal to the Fair Market Rent determined in effect under this Lease at accordance with Article XII (plus Tenant's Electricity Rate) and (ii) the commencement Expansion Space shall be delivered to Tenant on or before the Delivery Date in an "As-Is" condition, free of all occupants and in broom clean condition and free of all personal property not owned by Tenant. Landlord shall not be liable to Tenant for failing to deliver the Expansion Space on or before the Delivery Date as a result of the existing tenant's failure to vacate or vacate timely, provided Landlord shall use its best efforts to vacate such tenant upon the exercise of Tenant's occupancy expansion right as set forth herein, which best efforts shall include prosecuting legal actions to evict, if necessary. Upon the request of the Option Space. The rent payable under this Lease either party, Landlord and Tenant shall be increased by the amount of rent attributable to the Option Space or part of it that is leased by Tenant. The parties shall immediately execute and deliver an amendment to this Lease stating of lease for the addition purpose of incorporating the Option Expansion Space or part of it to into the Premises. Upon receipt of Tenant's notice to exercise the option, Landlord shall design and construct such space in accordance with Premises on the terms and conditions set forth in Exhibit E. Tenant shall be entitled to a tenant improvement allowance of per square foot of Rentable Area for the Option Spacethis Lease.
Appears in 1 contract
Sources: Lease (Pure Atria Corp)
Option to Expand. Landlord hereby grants Tenant the option to expand the Premises and Tenant’s occupied space within the Building by including an additional up to 13,000 square feet of contiguous Rentable Area in the Building, to be constructed by Landlord, as outlined in blue on the site plan appended hereto as Exhibit D ("Option Space") to the Premises to be effective no later than of the Lease Term); provided, however, that Tenant exercises the option to expand at increments of no less than 1,500 square feet of contiguous Rentable Area within the Option Space by issuing one or more written notice notices (seeking occupancy of 1,500 square feet or more of the Option Space) delivered by Tenant to Landlord no later than twenty-four (24) months following Tenant’s commencement of occupancy of the Lease TermPremises in accord with the terms set forth in Article 2, Section 2.2 of this Lease. Upon Tenant▇▇▇▇▇▇'s exercise of the option and occupancy of all or a portion of the Option Space, the Option Space or part of it shall be included within the Premises and leased to Tenant pursuant to the provisions of this Lease, including, without limitation, the provisions relating to the rights and obligations of the parties with respect to alterations. Rent for the Option Space shall be the total Rent (i.e., both Rent and amortized improvement cost) per square foot of the Building in effect under this Lease pursuant to Section 4.1, below, at the commencement of Tenant's occupancy of the Option Space (or portion thereof) multiplied by the Rentable Area of the Option Space. For purposes of example only, if the Rent in effect as of the commencement of ▇▇▇▇▇▇’s occupancy of the Option Space equals $2.29 per square foot as recited in Section 4.1, below, Tenant’s initial Rent for the Option Term shall equal $2.29 per square foot, subject to adjustment thereafter. Rent for the Option Space (or any exercised portion thereof) shall thereafter adjust upward on an annual basis in accord with Article 4 of this Lease. The rent payable under this Lease shall be increased by the proportional amount of rent attributable to the Option Space or part of it that is leased by Tenant. The parties shall immediately execute an amendment to this Lease stating the addition of the Option Space (or part of it if agreed) to the Premises. Upon receipt of Tenant▇▇▇▇▇▇'s notice to exercise the option, Landlord shall design and construct such space in accordance with the terms Option Space Schematic Design Documents to be developed as set forth in Exhibit E. Tenant E, and during the construction thereof, the Option Space Construction Allowances recited in attached Exhibit E-1 shall apply (the “Option Space Allowances”). In the event that the actual costs of constructing and finishing the Option Space exceed the Option Space Allowances, the excess shall be entitled added to a tenant improvement allowance of the Rent per square foot of Rentable Area for the Option SpaceSpace as follows: the total amount of excess shall be divided by the number of months remaining in the Lease Term, as defined in Section 2.1 of this Lease, below, and said amount shall be added to the Rent per square foot (the Rentable Area) of the Option Space as cost of amortized interior improvements.
Appears in 1 contract
Sources: Commercial Lease