Common use of RELOCATION OF LESSEE Clause in Contracts

RELOCATION OF LESSEE. Paragraph deleted. A. The size, configuration, nature, and decor of the New Premises shall be substantially the same as the size, configuration, nature, and decor of the Existing Premises unless Lessor and Lessee otherwise agree in 31 writing. For purposes hereof, the size of the New Premises shall be deemed substantially the same if it varies in size by no more than ten percent (10%) of the square footage of the Existing Premises; B. Actual moving costs paid to third-party service providers, the costs to disconnect and reconnect utilities and telephone service, and the cost of installing permanent improvements (as distinguished from trade fixtures, equipment, furniture, furnishings, and other personal property belonging to Lessee) in the New Premises, so that the permanent improvements therein are substantially the same or better than those in the Existing Premises, shall be borne entirely by Lessor. In any event, Lessor shall not be liable to Lessee for any loss of profits incurred by Lessee during or due to such relocation; C. Indirect costs incurred by Lessee as a result of the relocation, including costs incurred in changing addresses on stationery, business cards, and advertising Lessee's change in location, shall be reimbursed to Lessee by Lessor, in an amount not to exceed One Thousand Dollars ($1,000.00), upon presentation to Lessor of paid bills for said incurred indirect costs; ▇. ▇▇▇▇▇▇ shall give Lessee at least sixty (60) days' prior written notice of Lessor's intent to relocate Lessee to the New Premises; E. The Fixed Minimum Monthly Rent for the New Premises shall be the prevailing market rate for the New Premises, expressed on a per-square. foot basis, as reasonably determined by Lessor, but provided that in no event shall the Fixed Minimum Monthly Rent for the New Premises be less than the then. current Fixed Minimum Monthly Rent for the Existing Premises as determined under Paragraph 4. The prevailing market rental rate shall be determined by Lessor and certified as accurate by a licensed California real estate broker, selected by, but not affiliated with, Lessor, who has maintained offices within a ten-(10) mile radius of the location of the New Premises for at least one (I) year immediately preceding Lessor's notice to relocate the Existing Premises; and ▇. ▇▇▇▇▇▇ and Lessee shall promptly execute an amendment to this Lease reciting the relocation of the Existing Premises to the New Premises and any changes in the Fixed Minimum Monthly Rent payable hereunder. Lessee shall have the right to terminate this Lease rather than accept such relocation, upon thirty (30) days' notice given to Lessor within twenty (20) days of Lessor's notice, whereupon this Lease shall terminate on the effective date of the relocation and neither party shall have any further liability thereafter hereunder unless Lessor withdraws its notice of relocation prior to such effective date. Lessor and Lessee have carefully read and reviewed this Lease and each term and provision contained herein and, by execution of this Lease, show their informed and voluntary consent thereto. The parties hereby agree that, at the time this Lease is executed, the terms or this Lease are commercially reasonable and effectuate the intent and purpose of Lessor and Lessee with respect to the Premises. If this Lease has been filled in it has been prepared for submission to you attorney for his approval. No representation or recommendation is made by the American Industrial Real Estate Association or by the Real Estate Broker or its agents or employees as to the legal sufficiency, legal effect, or tax consequences of this Lease or the transaction relating thereto. The parties shall rely solely upon the advice of their own legal counsel as to the legal and tax consequences of this Lease.

RELOCATION OF LESSEE. Paragraph deleted. A. The sizeLessor shall have the option to relocate the Lessee (the "Relocation Option") to alternate space within the Building (the "Alternate Space"), configuration, naturewhich Alternate Space shall be (i) exterior facing (i.e. not facing the atrium within the Building), and decor (ii) of comparable size to or larger than the Leased Premises, in accordance with this Section 34. Lessor shall give Lessee not less than ninety (90) days prior written notice (the "Relocation Notice") of Lessor's exercise of the New Premises Relocation Option, which Relocation Notice shall include the date on which the Lessee shall be substantially the same as the size, configuration, nature, required to relocate or move and decor a description of the Existing Premises unless Alternate Space. Lessor shall pay all reasonable out-of-pocket costs and expenses of relocating Lessee otherwise agree (including the cost of preparing the Alternate Space for occupancy), provided (i) such costs are approved by Lessor in 31 writingadvance, which approval shall not be unreasonably withheld, conditioned or delayed and (ii) Lessee provides Lessor with documentation reasonably acceptable to Lessor confirming that Lessee in fact incurred such costs. For purposes hereofIn the event of such relocation, the size of the New Premises Alternate Space shall for all purposes be deemed substantially the same if it varies Leased Premises hereunder and this Lease Agreement shall continue in size by no more than ten percent full force and effect without any change in the other terms or conditions hereof (10%) of the square footage of the Existing Premises; B. Actual moving costs paid to third-party service providersincluding Lessee’s pro rata share, the costs to disconnect and reconnect utilities and telephone serviceas set forth in Section 6.C, and the cost of installing permanent improvements (as distinguished from trade fixturesamounts payable by Lessee for Base Rent). Lessee agrees to cooperate with Lessor and/or its contractors, equipment, furniture, furnishings, agents and other personal property belonging to Lessee) employees in the New Premises, connection with such relocation so that the permanent improvements therein are substantially Alternate Space will be ready for occupancy on the same or better than those in anticipated relocation commencement date. Notwithstanding anything contained herein to the Existing Premises, shall be borne entirely by Lessor. In any eventcontrary, Lessor agrees that it shall not be liable to Lessee for any loss of profits incurred by Lessee during or due to such relocation; C. Indirect costs incurred by Lessee as a result of exercise the relocation, including costs incurred in changing addresses on stationery, business cards, and advertising Lessee's change in location, shall be reimbursed to Lessee by Lessor, in an amount not to exceed One Thousand Dollars ($1,000.00), upon presentation to Lessor of paid bills for said incurred indirect costs; ▇. ▇▇▇▇▇▇ shall give Lessee at least sixty (60) days' prior written notice of Lessor's intent to relocate Lessee to the New Premises; E. The Fixed Minimum Monthly Rent for the New Premises shall be the prevailing market rate for the New Premises, expressed on a per-square. foot basis, as reasonably determined by Lessor, but provided that in no event shall the Fixed Minimum Monthly Rent for the New Premises be less Relocation Option more than the then. current Fixed Minimum Monthly Rent for the Existing Premises as determined under Paragraph 4. The prevailing market rental rate shall be determined by Lessor and certified as accurate by a licensed California real estate broker, selected by, but not affiliated with, Lessor, who has maintained offices within a ten-(10) mile radius of the location of the New Premises for at least one (I1) year immediately preceding Lessor's notice to relocate time during the Existing Premises; and ▇. ▇▇▇▇▇▇ and Lessee shall promptly execute an amendment to this Lease reciting the relocation of the Existing Premises to the New Premises and any changes in the Fixed Minimum Monthly Rent payable hereunder. Lessee shall have the right to terminate this Lease rather than accept such relocation, upon thirty (30) days' notice given to Lessor within twenty (20) days of Lessor's notice, whereupon this Lease shall terminate on the effective date of the relocation and neither party shall have any further liability thereafter hereunder unless Lessor withdraws its notice of relocation prior to such effective date. Lessor and Lessee have carefully read and reviewed this Lease and each term and provision contained herein and, by execution of this Lease, show their informed and voluntary consent thereto. The parties hereby agree that, at the time this Lease is executed, the terms or this Lease are commercially reasonable and effectuate the intent and purpose of Lessor and Lessee with respect to the Premises. If this Lease has been filled in it has been prepared for submission to you attorney for his approval. No representation or recommendation is made by the American Industrial Real Estate Association or by the Real Estate Broker or its agents or employees as to the legal sufficiency, legal effect, or tax consequences primary Term of this Lease or the transaction relating thereto. The parties shall rely solely upon the advice of their own legal counsel as to the legal and tax consequences of this LeaseAgreement.