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80A - JOINT WORK CENTER MOU
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80A - JOINT WORK CENTER MOU
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Last modified
4/28/2022 11:33:23 AM
Creation date
5/2/2019 6:11:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
5/7/2019
Destruction Year
2024
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EXHIBIT I <br />Sob eduIa 1-P Tenant shelf big! yen a credit agoinst ROM Rent next due hereunder equal to the union it orally overpayment. if Termnt fails, in the <br />applicable Acceptance Notice, to expressly reject Lundlord's determination of the FMRR fund ROM Rent) set forth In die applicable First Offer <br />Notice, then Tenant shall conclusively be deemed to have accepted Landlord's determination of the FMRR (and ROPO Rent) for the applicable <br />Leased First Right Space as set forth in the applicable First Offer Notice, Notwithstanding anything to the contrary herein. Tenant sbull pay <br />Additional Rent with respect to any Leased First Right Space in the same manner as for the Initial Premises, including, without Iloiltalion, in <br />accordance with the provisions of Section 2 of the Lease, and Tenant's Percentage Share shell be increased to inks into account the expansion of <br />the Premises to include such Leased First Right Space, <br />3.4 DOdylity stiff Cnndllinn orLeased First Right Space( Delivery- Improvement. <br />3.4.1 Landlord shrill endeavor to deliver the Lensed First Right Space to Tenant on or before the applicable Offered Spice <br />Scheduled Commencement Date (as idenlif(ed in the appliaabie First Offer Notice); provided, however, that if for any reason, Landlord Is not in a <br />position to so deliver such Leased First Right Space oil such date, Landlord shall not be In breach under this Lease and otherwise shell hove no <br />liability to Tenant so long as Landlord uses commercially reasonable efforts to deliver such Leased First Right space to Tenant as soon as reasonably <br />possible thereafter, <br />3,4.2 Tenant shall accept any Leased First Right Space in its then existing "AS IS" condition and state of repair, and <br />Landlord shell not be required to perform any work, supply any materials or incur any expense (including the granting of any allowance to Temmnt <br />with respect thereto) to prepare ally Leased First Right Space for Tenant's occupancy; provided, however, that; (a) Landlord shall cause the Leased <br />First Right Space to be demised prior to the date on which It Is delivered to Tenant, and (b) to lie extent (and only to the extent) determined in <br />connection with determination of the FMRR for any Leased First Right Space: (I) if such Leased First Right Space fins not, prior to the date the same <br />Is delivered to Tenant, previously been Improved, Landlord shall grant to Tenant, a rent free construction period (with respect to the ROFO Rent <br />payable for such Leased First Right Space only) for tie constmollon of the initial Leasehold Improvements (if any) In such Leased First Right Space, <br />and (B) Landlord may grant to Tenant an Improvement allowance to be used for costs that are Incurred In connection with the construction of the <br />Initial Leasehold Improvements (if any) in such Leased First Right Space, The construction of all Leasehold Improvements by Tenant in any Leased <br />First Right Space shall comply with the provisions ofArticle 10 ofthe Lease <br />NO; W Chic Confer Or- VA- ,fSnuru Ana Lda.re •d- fiehit+il I <br />
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