Common use of Second Floor Premises Clause in Contracts

Second Floor Premises. The Lease with respect to the Second Floor Premises shall terminate as provided for in the Lease on the SFP Surrender Date. Tenant shall voluntarily surrender the Second Floor Premises on or before such date in the condition which Tenant is required to surrender the Premises as of the expiration of the Lease and in compliance with the surrender requirements set forth in the Lease (including this First Amendment). From and after the SFP Surrender Date, Tenant shall have no further rights or obligations of any kind with respect to the Second Floor Premises. Notwithstanding the foregoing, those provisions of the Lease which, by their terms, survive the termination of the Lease shall survive the surrender of the Second Floor Premises and termination of the Lease with respect to the Second Floor Premises as provided for herein. Nothing herein shall excuse Tenant from its obligations under the Lease with respect to the Second Floor Premises prior to the SFP Surrender Date. Notwithstanding anything to the contrary contained in the Lease, (i) Tenant shall not be required to remove any Tenant Improvements or Alterations from the Second Floor Premises in connection with its surrender of the Second Floor Premises and all Tenant Improvements and Alterations located in the Second Floor Premises shall become the Property of Landlord on the SFP Surrender Date, and (ii) in addition to any such Tenant Improvements and Alterations, all laboratory casework located in the Second Floor Premises as of the date of this First Amendment shall also remain in the Second Floor Premises and become the Property of Landlord on the SFP Surrender Date. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that Landlord may enter into a direct lease with Subtenant pursuant to which Subtenant would lease the Second Floor Premises directly from Landlord following the SFP Surrender Date (“Direct Lease”). If Landlord and Subtenant enter into a Direct Lease prior to the SFP Surrender Date, Tenant shall not be required to provide Landlord a Surrender Plan with respect to the Second Floor Premises in connection with Tenant’s surrender of the Second Floor Premises; provided, however, that Landlord shall have the right to conduct any inspections and testing of the Second Floor Premises determined reasonably necessary by Landlord to determine whether the condition of the Second Floor Premises is in compliance with the provisions of the Lease and whether any contamination has occurred in or from the Second Floor Premises. Upon request from Tenant, Landlord shall provide Tenant with a copy of the results of such testing, subject to Landlord’s standard non-reliance letter. Notwithstanding anything to the contrary contained herein, Tenant shall be required to pay the cost of such testing of the Second Floor Premises if there is a violation of Paragraph 32 of the Lease caused by Tenant or any of Tenant’s Agents or if contamination for which Tenant is responsible under Paragraph 32 of the Lease is identified, along with all costs incurred to clean up, remove or remediate any contamination identified by the investigations and testing conducted by Landlord hereunder.

Second Floor Premises. A. The Lease with respect to entire rentable area of the second (2nd) floor of the building (the "Second Floor Premises Premises") is currently subject to a lease (the "Existing 2nd Floor Lease") which is scheduled to expire as set forth in Exhibit "D" hereto. Provided that this lease shall terminate as provided for be in full force and effect and without default of any of the Lease on the SFP Surrender Date. Tenant shall voluntarily surrender the Second Floor Premises on or before such date in the condition which Tenant is obligations required to surrender the Premises as of be observed or performed by Tenant hereunder beyond the expiration of applicable notice and cure periods, and Tenant named herein shall occupy all of the Lease and in compliance with demised premises for the surrender requirements set forth in the Lease (including this First Amendment). From and after the SFP Surrender Dateconduct of its business, then Tenant shall have no further rights or obligations of any kind with respect to the one-time option (the "Second Floor Premises. Notwithstanding Option") exercisable only upon delivery of notice to Landlord (the foregoing, those provisions of the Lease which, by their terms, survive the termination of the Lease shall survive the surrender of the "Second Floor Premises and termination of Notice") no later than October 31, 2001 (the Lease with respect to the "Second Floor Premises as provided for herein. Nothing herein shall excuse Tenant from its obligations under the Lease with respect Notice Date") to the Second Floor Premises prior to the SFP Surrender Date. Notwithstanding anything to the contrary contained in the Lease, (i) Tenant shall not be required to remove any Tenant Improvements or Alterations from lease the Second Floor Premises in connection accordance with its surrender the terms of the Second Floor Premises and all Tenant Improvements and Alterations located in the Second Floor Premises shall become the Property of Landlord this Article commencing on the SFP Surrender Date, and (ii) in addition to any such Tenant Improvements and Alterations, all laboratory casework located in the Second Floor Premises as of the date of this First Amendment shall also remain in tendering of delivery of possession thereof to Tenant (the "Second Floor Premises and become Commencement Date") for the Property of Landlord on the SFP Surrender Date. Notwithstanding anything to the contrary contained herein, Tenant acknowledges that Landlord may enter into a direct lease with Subtenant pursuant to which Subtenant would lease the Second Floor Premises directly from Landlord following the SFP Surrender Date (“Direct Lease”). If Landlord and Subtenant enter into a Direct Lease prior to the SFP Surrender Date, Tenant shall not be required to provide Landlord a Surrender Plan with respect to the Second Floor Premises in connection with Tenant’s surrender remainder of the Second Floor Premisesterm of this lease; provided, however, that Landlord if the Existing 2nd Floor Lease shall terminate prior to the stated expiration date thereof, Tenant will additionally have the right Second Floor Option provided above with a Second Floor Notice Date which is thirty (30) days following notice by Landlord to conduct any inspections Tenant of such earlier termination. If Tenant shall fail to exercise such earlier option, Tenant will continue to have the previously stated Second Floor Option. B. In the event that Tenant shall desire to exercise the Second Floor Option, Tenant shall send the Second Floor Notice to Landlord on or before the Second Floor Notice Date. Time is of the essence with respect to Tenant's giving of the Second Floor Notice to Landlord. C. If Tenant fails to give the Second Floor Notice to Landlord on or before the Second Floor Notice Date, the Second Floor Option shall be deemed revoked, null and testing void, and of no further force and effect, and Landlord may thereafter proceed with the leasing of all or a portion of the Second Floor Premises determined reasonably necessary by during the balance of the term of this lease upon any terms and conditions. D. If Tenant shall send the Second Floor Notice to Landlord on or before the Second Floor Notice Date and in the manner set forth in Section B, then the parties hereto shall enter into an amendment to determine whether this lease (the condition "Second Floor Amendment"), which Second Floor Amendment shall provide that effective as of the Second Floor Premises is in compliance with the provisions of the Lease and whether any contamination has occurred in or from the Second Floor Premises. Upon request from TenantCommencement Date, Landlord shall provide Tenant with a copy of the results of such testing, subject to Landlord’s standard non-reliance letter. Notwithstanding anything to the contrary contained herein, Tenant shall be required to pay the cost of such testing of the Second Floor Premises if there is a violation of Paragraph 32 shall be deemed included in the demised premises upon all of the Lease caused same terms, covenants and conditions contained in this lease, except that: 1. the rental plan for the Second Floor Premises shall be added to and become a part of Exhibit "A" to this lease; 2. the SFA shall be increased by 21,000 and the annual fixed rent payable by Tenant or any pursuant to Article 51 of Tenant’s Agents or if contamination for which Tenant is responsible under Paragraph 32 this lease shall be adjusted accordingly, taking into account rental adjustments set forth therein commencing with the rental rate per square foot then applicable to the portion of the Lease is identified, along with all costs incurred demised premises tendered to clean up, remove or remediate any contamination identified by Tenant upon the investigations and testing conducted by Landlord hereunder.Commencement Date;