Common use of The Additional Premises Clause in Contracts

The Additional Premises. Lessor represents and warrants to Lessee that Lessor has terminated its lease of the Additional Premises to Pinnacle Manufacturing Associates ("PINNACLE") and that it has removed Pinnacle from the Additional Premises and from the Industrial Center in order to enable Lessee to occupy the Additional Premises in accordance with the terms and conditions of this Amendment. The parties agree that the effectiveness of PARAGRAPH 2 of this Amendment is conditioned upon such removal of Pinnacle from the Industrial Center. If Lessor has not delivered possession of all of the Additional Premises to Lessee free and clear of any other person's (other than Lessor's) interest therein by January 1, 1998, Lessor agrees that Lessee may at Lessee's sole and absolute option by written notice to Lessor advise Lessor, at anytime thereafter and before accepting possession thereof, that PARAGRAPH 2 of this Amendment shall never become effective and shall remain of no force and effect, in which event Lessee shall be discharged from all obligations under this Amendment, and Lessor shall return to Lessee all funds received from Lessee in connection with this Amendment, including, without limitation, any increase in the Security Deposit and any prepaid Basic Rent. Lessor may deliver the Additional Premises to Lessee in their current "as-is" condition; provided, however, that they shall be broom clean, in reasonable repair, and with all systems, including, but not limited to HVAC, the roof, electrical, and plumbing, in good working condition; and further provided that if the Additional Premises become available prior to November 15, 1997, Lessee shall be entitled to take early possession thereof in accordance with PARAGRAPHS 1.4 AND 3.2 of the Lease. Lessor agrees to be responsible for all ADA requirements relating to the Additional Premises (provided, however, that if Lessee makes improvements to the Additional Premises that trigger additional ADA compliance, then Lessee shall be responsible for all costs associated with the additional ADA compliance), and all other work required to bring the Additional Premises into compliance with any and all laws, rules, regulations, and codes.

The Additional Premises. Lessor represents and warrants to Lessee that Lessor has terminated its lease (a) Effective as of the date upon which Landlord shall give Tenant possession of the Additional Premises to Pinnacle Manufacturing Associates (hereinafter the "PINNACLEEffective Date") and that it has removed Pinnacle from for the remainder of the Term of the Lease, the Additional Premises shall be added to and from included in the Industrial Center in order Demised Premises, upon and subject to enable Lessee to occupy the Additional Premises in accordance with all of the terms and conditions of the Lease, except as expressly modified by this Amendment. The parties agree that From and after the effectiveness of PARAGRAPH 2 of Effective Date, all references in the Lease to the Demised Premises shall be construed to include the 16th Floor Premises, the Basement Space and the Additional Premises. (b) If the Effective Date shall not have occurred on or prior to December 31, 2000 (the "Outside Date"), Tenant shall have the right to terminate this Amendment is conditioned upon such removal of Pinnacle from the Industrial Center. If Lessor has not delivered possession of all of the Additional Premises to Lessee free and clear of any other person's (other than Lessor's) interest therein by January 1, 1998, Lessor agrees that Lessee may at Lessee's sole and absolute option by written giving notice to Lessor advise LessorLandlord of Tenant's desire to do so not later than ten (10) days after the Outside Date and, at anytime thereafter and before accepting possession thereofupon the giving of such notice, that PARAGRAPH 2 of this Amendment shall never become effective cease and shall remain of no force terminate and effect, in which event Lessee shall be discharged from all obligations under this Amendment, and Lessor Landlord shall return the additional security provided for in Section 14 below unless, within thirty (30) days after Landlord receives such notice of termination from Tenant, Landlord shall cause the Effective Date to Lessee all funds received from Lessee in connection with this Amendment, including, without limitation, any increase in the Security Deposit and any prepaid Basic Rent. Lessor may deliver the Additional Premises to Lessee in their current "as-is" conditionoccur; provided, however, that they Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant by reason of any such termination, and the parties hereto further agree that any failure by Landlord to cause the Effective Date to occur on or prior to the Outside Date shall in no other way affect the obligations of Tenant under the Lease nor shall the same be construed in any way to extend the Term. This Section 3(b) shall be broom cleandeemed to be an express provision to the contrary under Section 223-a of the Real Property Law of the State of New York and any other law of like import now or hereafter in force. (c) Upon request of Landlord at any time after the Effective Date has been determined, Tenant agrees to join in the execution of a written agreement, in reasonable repairform reasonably satisfactory to Landlord, and with all systems, including, but not limited to HVACsetting forth the respective dates for the Effective Date, the roof, electrical, Rent Commencement Date and plumbing, in good working conditionthe Expiration Date hereunder; and further provided that if the Additional Premises become available prior to November 15, 1997, Lessee shall be entitled to take early possession thereof in accordance with PARAGRAPHS 1.4 AND 3.2 of the Lease. Lessor agrees to be responsible for all ADA requirements relating to the Additional Premises (provided, however, that if Lessee makes improvements the failure of Tenant to execute and deliver any such statement shall in no way affect the Additional Premises that trigger additional ADA compliance, then Lessee shall be responsible for all costs associated with occurrence thereof or the additional ADA compliance), and all other work required to bring rights or obligations of the Additional Premises into compliance with any and all laws, rules, regulations, and codesparties hereunder.