Common use of The Other Improvements Clause in Contracts

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements'') are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's right to convey all or any portion of the Project or any other of Landlord's rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34

Appears in 1 contract

Sources: Office Lease (Allied Esports Entertainment, Inc.)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements'') are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project. Notwithstanding the foregoing, Tenant shall have the right to approve any such agreement (which approval shall not be unreasonably withheld) to the extent that the same would have a material, adverse effect on Tenant’s use of or access to the Premises, or increase Tenant’s obligations or costs of operation at the Premises. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's ’s right to convey all or any portion of the Project or any other of Landlord's ’s rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''"Other Improvements''") are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project; provided that none of the foregoing materially adversely interfere with Tenant's rights, or increase Tenant's financial obligations, under this Lease. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's right to convey all or any portion of the Project or any other of Landlord's rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Farville Inc)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''"Other Improvements''") are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project; provided that such sagreements will not materially and adversely affect Tenant's use of, access to, the Premises and Building or Tenant's Parking Areas, or materially increase Tenant's monetary obligations under this Lease. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's right to convey all or any portion of the Project or any other of Landlord's rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (8x8 Inc /De/)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectivelycollectively , the ''Other Improvements''Improvements “) are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or and use of the Project and the Other Improvements, (ii) for the common managementmanagement , operation, maintenancemaintenance , improvement and/or and repair of all or any portion of the Project and the Other Improvements, provided that Tenant’ s rights under this Lease are not materially impaired , (iii) for the allocation of a portion of the Direct Operating Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements and/or Improvements and the Project in connection with the improvementimprovement , constructionconstruction , and/or and excavation of the Other Improvements and/or and the Project. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's ’s right to convey all or any portion of the Project or any other of Landlord's ’ s rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant Tenant acknowledges that portions of the Project and/or and the Other Improvements may be under subject to demolition or construction following Tenant's ’s occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich which are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such demolition or construction. 29.3417. S IGNS .

Appears in 1 contract

Sources: Office Lease (CF Finance Acquisition Corp. III)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements'') are owned by an entity other than Landlord, then so long as the Building, Project and Tenant are not materially adversely affected, and so long as the same do not unreasonably interfere with Tenant’s use of the Premises or parking or access rights or increase Tenant’s obligations or decrease Tenant’s rights under this Lease, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access access, use and/or use enjoyment of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and all or any portion of the Other Improvements, (iii) for the allocation of a portion of the Direct Project Expenses to the Other Improvements and the allocation of a portion of the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project, and (v) for any other matter which Landlord deems reasonably necessary. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's ’s right to convey sell all or any portion of the Project or any other of Landlord's ’s rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Cornerstone OnDemand Inc)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements'') are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project; provided that none of the foregoing materially adversely interfere with Tenant’s rights, or increase Tenant’s financial obligations, under this Lease. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's ’s right to convey all or any portion of the Project or any other of Landlord's ’s rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Favrille Inc)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''"Other Improvements''") are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project. Notwithstanding the foregoing, Tenant shall have the right to approve any such agreement (which approval shall not be unreasonably withheld) to the extent that the same would have a material, adverse effect on Tenant's use of or access to the Premises, or increase Tenant's obligations or costs of operation at the Premises. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's right to convey all or any portion of the Project or any other of Landlord's rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Acadia Pharmaceuticals Inc)

The Other Improvements. If Subject to Article 4, if portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements''"OTHER IMPROVEMENTS") are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access access, use and/or use enjoyment of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and all or any portion of the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the allocation of a portion of the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project, and (v) for any other matter which Landlord deems reasonably necessary so long as any such other matter does not materially interfere with Tenant's use of the Premises for the Permitted Use (including Tenant's use of the Project parking facilities) or materially increase Tenant's monetary obligations under this Lease or otherwise adversely affect Tenant's rights under this Lease. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's right to convey sell all or any portion of the Project or any other of Landlord's rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Etoys Inc)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements'') are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project Property and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project Property and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the ProjectProperty (in which event Tenant’s Share shall be adjusted to reflect the inclusion of the rentable square footage of the Other Improvements in the calculation thereof), and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project Property in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the ProjectProperty. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's ’s right to convey all or any portion of the Project Property or any other of Landlord's ’s rights described in this Lease. (cLease including rights under Section 1.1.4(ix) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34Exhibit C.

Appears in 1 contract

Sources: Office Lease (AssetMark Financial Holdings, Inc.)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements'') are owned by an entity other than Landlord, Landlord, at its optionoption and with Tenant’s approval if Tenant’s is then leasing all of the Building and no uncured default by Tenant then exists, such approval not to be unreasonably withheld, conditioned or delayed, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, provided that Tenant’s rights under this Lease are not materially impaired, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's ’s right to convey all or any portion of the Project or to convey any other of Landlord's ’s rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Arthrocare Corp)

The Other Improvements. If portions of the Project or property adjacent to the Project (collectively, the ''Other Improvements'') are owned by an entity other than Landlord, Landlord, at its option, may enter into an agreement with the owner or owners of any or all of the Other Improvements to provide (i) for reciprocal rights of access and/or use of the Project and the Other Improvements, (ii) for the common management, operation, maintenance, improvement and/or repair of all or any portion of the Project and the Other Improvements, (iii) for the allocation of a portion of the Direct Expenses to the Other Improvements and the operating expenses and taxes for the Other Improvements to the Project, and (iv) for the use or improvement of the Other In1provements Improvements and/or the *** Confidential portions of this document have been redacted and filed separately with the Commission. Project in connection with the improvement, construction, and/or excavation of the Other Improvements and/or the Project, provided that in no event shall any such actions by Landlord result in any increased Rent above that which would have been due had Landlord not entered into such agreements, or any costs or charges upon Tenant, or otherwise materially and adversely affect Tenant’s right or obligations under this Lease. Nothing contained herein shall be deemed or construed to limit or otherwise affect Landlord's ’s right to convey all or any portion of the Project or any other of Landlord's ’s rights described in this Lease. (c) Construction of Project and Other Improvements. Te11ant acknowledges that portions of the Project and/or the Other Improvements may be under construction following Tenant's occupancy of the Premises, and that such construction may result in levels of noise, dust, obstruction of access, etc. wl1ich are in excess of that present in a fully constructed project. Tenant hereby waives any and all rent offsets or claims of constructive eviction which may arise in connection with such construction. 29.34.

Appears in 1 contract

Sources: Office Lease (Bridgepoint Education Inc)