Common use of SDN LIST Clause in Contracts

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company a Delaware corporation By: /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Vice President Title: CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ Office Properties Title: CEO (a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”

Appears in 5 contracts

Sources: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LJ GATEWAY OFFICE LLC, CONVERSIONPOINT TECHNOLOGIES ZAFGEN, INC., a Delaware limited liability company a Delaware corporation By: By /s/ S▇▇▇▇▇ ▇. Case By: By /s/ R▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. case ▇▇▇▇▇▇ ▇▇▇▇▇▇ EVP CEO Office Properties By /s/ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ By /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: R▇▇ ▇▇▇▇ Vice President, Operations Office Properties ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇Executive Vice President Title: CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ Office Properties Title: CEOCFO (a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.” Notwithstanding the foregoing, Landlord hereby agrees that Tenant shall not be responsible for Tenant’s Share of Operating Expense excess accruing during the 12 month period commencing as of the Commencement Date.

Appears in 1 contract

Sources: Lease (Zafgen, Inc.)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES SYNOVIS LIFE TECHNOLOGIES, INC., a Delaware limited liability company a Delaware Minnesota corporation By: By /s/ S▇▇▇▇▇ ▇. Case By: By /s/ R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Vice President Title: CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional ▇. Case Senior Vice President, Operations Leasing, Office Properties Printed Name: RName ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Title President / CEO By /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ By /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Vice President, Operations, Office Properties Title: CEOPrinted Name ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title Vice President of Finance and CFO (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses reasonably determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord reasonably determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may reasonably allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Synovis Life Technologies Inc)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES OTIC PHARMA, INC., a Delaware limited liability company a Delaware corporation /s/ ▇▇▇▇▇▇ ▇. Case /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ By: /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Vice President Title: CFO Office Properties ByEVP Title: Chief Executive Officer /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ /s/ Erez Chimovits By: /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ Office Properties ▇. ▇▇▇▇▇ Title: CEOVP Operations By: Erez Chimovits Title: Chairman (a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.” Notwithstanding the foregoing, Landlord hereby agrees that Tenant shall not be responsible for Tenant’s Share of Operating Expense excess accruing during the 12 month period commencing as of the Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (Novus Therapeutics, Inc.)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LANDLORD: JAMBOREE CENTER 4 LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company a Delaware corporation By: /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Vice President Title: CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇▇▇▇▇▇▇ Tallacok ▇. ▇▇▇▇▇ Regional Vice President, Operations Office Properties TENANT: ACACIA RESEARCH CORPORATION, a Delaware corporation By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Printed Name: R▇▇▇▇ ▇. ▇▇▇▇▇ Title: Vice President & Chief IP Officer By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Printed Name: ▇▇▇▇▇▇▇▇ Office Properties ▇▇▇▇▇ Title: CEOCorporate Secretary (a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”

Appears in 1 contract

Sources: Lease (Acacia Research Corp)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal officer of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., ,a Delaware limited liability company a TENANT: AVIAT U.S., INC.,a Delaware corporation By: /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Case Printed Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Vice PresidentOffice Properties Title: CFO By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇. ▇▇▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Vice President Title: CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Senior Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ Office Properties Title: CEOVP Finance (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “The term "Tenant’s 's Share” shall mean " means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses reasonably determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the Building and/or entire Project from time any Operating Expenses which may benefit or substantially relate to time, in which event the total rentable square footage a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project may overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to the rent paid by Tenant shall be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to included as an Operating ExpensesExpense.

Appears in 1 contract

Sources: Lease Agreement (Aviat Networks, Inc.)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LANDLORD: WESTWOOD GATEWAY II LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company a Delaware corporation By: /s/ /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: RExecutive Vice President Office Properties By/s/ B▇▇▇ ▇. ▇▇▇▇▇▇▇ B▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Executive Vice President Title: CFO President, Operations Office Properties ByTENANT: MARATHON PATENT GROUP, INC., a Nevada corporation By /s/ C▇▇▇▇D▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇By: /s/ RPrinted Name D▇▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇ . ▇▇▇▇▇▇▇ Office Properties Title CEO By Printed Name Title: CEO (a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to timetime pursuant to Section 6.4 of the Lease, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.”

Appears in 1 contract

Sources: Lease Agreement (Marathon Patent Group, Inc.)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company TENANT: PATIENT SAFETY TECHNOLOGIES, INC, a Delaware corporation By: By /s/ S▇▇▇▇▇ ▇. Case By: By /s/ R▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ S. Case Executive Vice President Office Properties Printed Name ▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇ Title President & CEO By /s/ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Vice President Title: CFO Office Properties By: /s/ C▇▇▇By ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Senior Vice President, Property Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ Office Properties Printed Name Title: CEO (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “The term "Tenant’s 's Share” shall mean " means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.

Appears in 1 contract

Sources: Lease (Patient Safety Technologies, Inc)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company a Delaware corporation By: /s/ SBy ________________________________ ▇▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Senior Vice President Title: CFO President, Leasing, Office Properties By: /s/ C▇▇▇▇▇By ________________________________ ▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ Operations, Office Properties TitleTENANT: CEOLANTRONIX, INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS LANTRONIX, INC., a Delaware corporation By ________________________________ Printed Name ________________________ Title _______________________________ By ________________________________ Printed Name ________________________ Title _______________________________ (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s 's Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during Project. The term "Tenant's Share" means 100% of the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as Operating Expenses determined by Landlord. “Tenant’s Share” shall mean Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant's Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.

Appears in 1 contract

Sources: Lease (Lantronix Inc)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member director or other principal employee of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY SILICON VALLEY CENTER OFFICE LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company CAMBIUM NETWORKS, INC., a Delaware corporation By: By /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇ ▇. Case EVP Office Properties By /s/ ▇▇▇▇ ▇▇▇▇▇S▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇Name ▇▇▇▇ ▇▇▇▇▇Executive Vice President Title: Title CFO Office Properties By: By /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇. ▇▇▇▇▇ Vice President Office Properties Title: CEOBy /s/ ▇▇▇▇▇ Rav Printed Name ▇▇▇▇▇ Rav Title General Counsel (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rentrent without deduction or offset, for Tenant’s Share of the amount, if any, by which Tenant’s Share of Project Costs exceeds Tenant’s Share of the “Project CostsCost Base” (defined belowset forth in Item 7 of the Basic Lease Provisions) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and also the amount, if any, by which Tenant’s Share of Property Taxes exceeds Tenant’s Share of the “Property TaxesTax Base” (defined belowset forth in Item 7 of the Basic Lease Provisions) for each applicable Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Baseof this Lease. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes In the event that Landlord determines that the Premises or additions the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Building and/or Project from time to time, in which event Premises or the total rentable square footage within the Building and/or Project may be adjustedBuilding. For convenience purpose of reference, Property Taxes and determining Project Costs may sometimes be collectively referred to for the Project Cost Base, Project Costs shall not include any one time special charges, costs or fees or any extraordinary charges or costs incurred in the Base Year only, including, without limitation, utility rate increases and other costs arising from extraordinary market circumstances such as “Operating Expensesby way of example, boycotts, black-outs, ▇▇▇▇▇-outs, the leasing of auxiliary power supply equipment, embargoes, strikes or other shortages of services or fuel, or any conservation surcharges, penalties or fines incurred by Landlord.

Appears in 1 contract

Sources: Lease (Cambium Networks Corp)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: TENANT: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company RUCKUS WIRELESS, INC., a Delaware corporation By: /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Executive Vice President, Office Properties Printed Name: R▇▇Name ▇▇▇▇▇▇ ▇▇▇▇▇▇Executive Vice President Title: Title CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Vice President, Operations, Office Properties Title: CEOPrinted Name ▇▇▇▇▇▇▇ ▇▇▇▇ Title CTO EXHIBIT A EXHIBIT B Operating Expenses (Net) (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes In the event that Landlord determines that the Premises or additions the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Building Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. LANDLORD: THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., LLC a Delaware limited liability company TENANT: M▇▇▇▇ INSTRUMENTS CORP., a Delaware corporation By: /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇/s/E. V▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇By: /s/P▇▇▇ ▇. Case Printed Name: R▇▇▇▇ E. V▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive P▇▇▇ ▇. ▇▇▇▇ President, Office Properties Senior Vice President Title: CFO Office Properties — Finance Chief Financial Officer By: /s/ /s/C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R/s/S▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇ . ▇▇▇▇▇▇▇ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ S▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Vice President Operations, Office Properties Title: CEOPresident & Chief Executive Officer (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project, provided the same results in an overall fair, representative allocation of Operating Expenses. In the event that Landlord determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.

Appears in 1 contract

Sources: Lease (Meade Instruments Corp)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LJ GATEWAY OFFICE LLC, CONVERSIONPOINT TECHNOLOGIES INC.TUSIMPLE LLC, a Delaware limited liability company a Delaware corporation By: California limited liability company By /s/ S▇▇▇▇▇▇ ▇▇▇ By /s/ ▇▇▇▇▇▇ ▇. Case By: /s/ RPrinted Name ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇. Case Evp Office Properties Title CTO By /s/ Chen Mo ▇▇▇▇▇ Printed Name Chen Mo ▇▇▇▇▇ Title CEO By /s/ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇S▇▇▇▇▇ ▇. Case Printed Name: R▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇Executive Vice President Title: CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ Office Properties Title: CEOIOPLEGAL-4-44 10 12/13/16-245927- 0.2 IOPLEGAL-4-44 12/13/16-245927- 0.2 (a) Commencing 12 months following the Commencement Date, Tenant shall pay Landlord, as additional rent, for Tenant’s Share of the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during the Term exceed Project Costs for the Project Cost Base and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax Base. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. “Tenant’s Share” shall mean that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes or additions to the Building and/or Project from time to time, in which event the total rentable square footage within the Building and/or Project may be adjusted. For convenience of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Operating Expenses.” Notwithstanding the foregoing, Landlord hereby agrees that Tenant shall not be responsible for Tenant’s Share of Operating Expense excess accruing during the 12 month period commencing as of the Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (TuSimple Holdings Inc.)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., LLC TIGERLOGIC CORPORATION a Delaware limited liability company a Delaware corporation By: By /s/ S▇▇▇▇▇ ▇. Case By: By /s/ R▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇ S▇▇▇▇▇ ▇. Case Printed Name: R▇Executive Vice President, ▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇ Executive Vice President Title: CFO Office Properties By: Chief Executive Officer By /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇By: By /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Senior Vice President, Operations, ▇▇▇▇▇▇ ▇▇▇ Office Properties Title: CEOChief Financial Officer (a) Commencing 12 months following From and after the Commencement DateDate and for the remainder of the Term, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area of the Premises and the denominator of which is the total rentable square footage, as reasonably determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease ProvisionsBuilding, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or and (ii) all or reasonably some of the buildings in the Project, for expenses reasonably determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights Landlord reserves the right to make changes or additions allocate to the entire Project any Operating Expenses which may benefit or substantially relate to a particular building within the Project in order to maintain greater consistency of Operating Expenses among buildings within the Project. In the event that Landlord reasonably determines that the Premises or the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (TigerLogic CORP)

SDN LIST. Tenant hereby represents and warrants that neither Tenant nor any officer, director, employee, partner, member or other principal of Tenant (collectively, "Tenant Parties") is listed as a Specially Designated National and Blocked Person ("SDN") on the list of such persons and entities issued by the U.S. Treasury Office of Foreign Assets Control (OFAC). In the event Tenant or any Tenant Party is or becomes listed as an SDN, Tenant shall be deemed in breach of this Lease and Landlord shall have the right to terminate this Lease immediately upon written notice to Tenant. THE IRVINE COMPANY LLC, CONVERSIONPOINT TECHNOLOGIES INC., a Delaware limited liability company RUCKUS WIRELESS, INC., a Delaware corporation By: /s/ S▇▇▇▇▇ ▇. Case By: /s/ R▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ S▇▇▇▇▇ ▇. Case Executive Vice President, Office Properties Printed Name: R▇▇Name ▇▇▇▇▇▇ ▇▇▇▇▇▇Executive Vice President Title: Title CFO Office Properties By: /s/ C▇▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ By: /s/ R▇▇▇▇▇ Tallacok Regional Vice President, Operations Printed Name: R▇▇▇▇▇ ▇▇▇▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Vice President, Operations, Office Properties Title: CEOPrinted Name ▇▇▇▇▇▇▇ ▇▇▇▇ Title CTO (a) Commencing 12 months following From and after the Commencement Date, Tenant shall pay to Landlord, as additional rent, for Tenant’s Share of all Operating Expenses, as defined in Section (f) below, incurred by Landlord in the amount, if any, by which “Project Costs” (defined below) for each Expense Recovery Period during operation of the Term exceed Project Costs for the Project Cost Base Building and the amount, if any, by which “Property Taxes” (defined below) for each Expense Recovery Period during the Term exceed Property Taxes for the Property Tax BaseProject. Property Taxes and Project Costs are mutually exclusive and may be billed separately or in combination as determined by Landlord. The term “Tenant’s Share” shall mean means 100% of the Operating Expenses determined by Landlord to benefit or relate substantially to the Building, plus that portion of any Operating Expenses determined by multiplying the cost of such item by a fraction, the numerator of which is the Floor Area and the denominator of which is the total rentable square footage, as determined from time to time by Landlord, of (i) the Floor Area of the Building as defined in Item 8 of the Basic Lease Provisions, for expenses determined by Landlord to benefit or relate substantially to the Building rather than the entire Project, or (ii) all or some of the buildings in the Project, for expenses determined by Landlord to benefit or relate substantially to all or some of the buildings in the Project rather than any specific building. Tenant acknowledges Landlord’s rights to make changes In the event that Landlord determines that the Premises or additions the Building incur a non-proportional benefit from any expense, or is the non-proportional cause of any such expense, Landlord may allocate a greater percentage of such Operating Expense to the Building Premises or the Building. In the event that any management and/or Project from time overhead fee payable or imposed by Landlord for the management of Tenant’s Premises is calculated as a percentage of the rent payable by Tenant and other tenants of Landlord, then the full amount of such management and/or overhead fee which is attributable to timethe rent paid by Tenant shall be additional rent payable by Tenant, in which event the total rentable square footage within the Building and/or Project full, provided, however, that Landlord may be adjusted. For convenience elect to include such full amount as part of reference, Property Taxes and Project Costs may sometimes be collectively referred to as “Tenant’s Share of Operating Expenses.

Appears in 1 contract

Sources: Lease (Ruckus Wireless Inc)